willenken wilson loh & delgado llp€¦ · william a. delgado (bar no. 222666)...

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William A. Delgado (Bar No. 222666) [email protected] Eileen M. Ahern (Bar No. 216822) [email protected] WILLENKEN WILSON LOH & DELGADO LLP 707 Wilshire Blvd., Suite 3850 Los Angeles, California 90017 Telephone: (213) 955-9240 Facsimile: (213) 955-9250 Attorneys for Defendants NATURE’S BOUNTY, INC. AND NBTY, INC.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ALISON WILSON, individually and on behalf of all others similarly situated, Plaintiff, v. NATURE’S BOUNTY, INC., a New York Corporation, NBTY, INC., a Delaware Corporation, and DOES 1 through 100, Inclusive, Defendants.

Case No.: 2:14-cv-09082 (LASC Case No. BC561527) NOTICE OF REMOVAL OF ACTION PURSUANT TO 28 U.S.C. § 1446

Case 2:14-cv-09082-SJO-PLA Document 1 Filed 11/25/14 of 7 Page ID #:1

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TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO PLAINTIFF

AND HIS ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT pursuant to 28 U.S.C. § 1446, defendants

Nature’s Bounty, Inc. and NBTY Inc. (collectively “NBTY”) remove the above-

captioned action from the Superior Court of the State of California for the County

of Los Angeles to the United States District Court for the Central District of

California. In support of its Notice of Removal, NBTY states:

1. On October 22, 2014, plaintiff Alison Wilson (“Plaintiff”) filed a

Complaint in the Superior Court of the State of California for the County of Los

Angeles, Docket No. BC561527, captioned Alison Wilson, individually and on

behalf of all others similarly situated, v. Nature’s Bounty, Inc., a New York

Corporation, NBTY, Inc., a Delaware Corporation, and Does 1 through 100,

Inclusive.

2. On October 27, 2014, Plaintiff served the Summons and Complaint on

NBTY. NBTY’s Notice of Removal is timely filed within 30 days of October 27,

2014.

3. True and correct copies of the Summons, Complaint, and Notice of

Court Order, which constitute “all process, pleadings, and orders served upon”

NBTY, see 28 U.S.C. § 1446(a), are attached as Exhibits A-H, respectively.

4. A copy of this Notice of Removal is being filed with the Clerk of the

Superior Court of the State of California for the County of Los Angeles, and is

being served on counsel of record under 28 U.S.C. § 1446(d).

5. Plaintiff alleges NBTY manufactures, markets and sells four Ginkgo

Biloba products (specifically described as “Ginkgo Biloba 120mg (100 capsules),”

“Ginkgo Biloba 60mg (200 capsules),” “Ginkgo Biloba 400mg plus 60mg

Standardized Extract (120 Tablets),” and “Ginkgo Biloba 60 mg (60 Tablets)”)

(collectively, the “Products”) that are falsely advertised. Complaint, ¶ 16.

6. Plaintiff alleges NBTY’s actions violate California’s Unfair


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Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. (Counts I, II, III),

California’s False Advertising Law, Cal. Bus. & Prof. Code § 17500, et seq.

(Count IV), and the California Consumers Legal Remedies Act, Cal. Civ. Code

§ 1750, et seq. (Count V). Complaint, ¶¶ 46-91.

7. Plaintiff seeks to litigate her claims on behalf of herself and a putative

class: “All persons who purchased Nature’s Bounty Ginkgo Biloba for personal

use and not for resale, in the State of California during the applicable liability

period for their personal use, rather than for resale or distribution.”

Complaint ¶ 36.

8. Plaintiff alleges members of the putative class number “at least in the

tens of thousands.” Complaint ¶ 38.

9. Plaintiff seeks, inter alia: (1) restitution, (2) injunctive relief, (3)

penalties of up to $5,000 for each class member under California Civil Code

section 1780(b), (4) pre-judgment interest, (5) costs, (6) attorneys’ fees, and (7)

any other award that the Court deems just. Complaint at pp. 19-20, Prayer for

Relief.

10. As demonstrated below, this Court has jurisdiction over Plaintiff’s

action, and it is properly removed to this Court.

BASIS OF FEDERAL JURISDICTION UNDER

CLASS ACTION FAIRNESS ACT

11. This action is removable to this Court because federal diversity

jurisdiction under 28 U.S.C. § 1332 exists over Plaintiff’s claims under the Class

Action Fairness Act of 2005, Pub. L. 109-2, 119 Stat. 4 (2005) (“CAFA”), codified

in various sections of Title 28 of the United States Code including 28 U.S.C.

§§ 1332(d) & 1453.

12. Congress enacted CAFA to enlarge federal jurisdiction over proposed

class actions. CAFA provides that a class action against a non-governmental entity

may be removed to federal court if: (1) the aggregate amount in controversy


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exceeds $5 million, exclusive of interest and costs; (2) any member of the

proposed plaintiff class is a citizen of a state different from any defendant; and (3)

the number of proposed class members is not less than 100. See 28 U.S.C.

§§ 1332(d)(2), (d)(5), (d)(6) & 1453(b). As set forth below, all the requirements

for removal are met here.

Amount-In-Controversy Requirement

13. CAFA’s first requirement, that the aggregate amount in controversy

exceeds $5 million, exclusive of interest and costs, 28 U.S.C. § 1332(d)(2), is met

here.

14. First, Plaintiff alleges that the number of putative class members is “at

least in the tens of thousands.” Complaint ¶ 38. Plaintiff seeks penalties “up to

$5,000” for “each” class member. Complaint ¶ 90. Plaintiff thus has alleged at

least $50,000,000 in controversy, even assuming only 10,000 putative class

members.1

15. Second, Plaintiff seeks restitution on behalf of all putative class

members, including specifically “any money paid for the Products as a result of the

wrongful conduct of the Defendants.” Complaint, ¶ 56.

16. It is NBTY’s regular practice to create and maintain, in the ordinary

course of its business, records of sales of its various products to distributors,

retailers, and consumers, where applicable. Declaration of Joseph Looney

(“Looney Decl.”) ¶ 3.

17. NBTY’s business records reflect that from October 22, 2010-October

22, 2014, NBTY sold more than 322,000 units of the Products in California

totaling more than $2,500,000 in sales (Looney Decl. ¶ 4), all of which Plaintiff

seeks to recover by restitution – i.e., “any money paid for the Products” by putative

1 Nothing herein shall be construed as an admission by Defendants that Plaintiffs

are entitled to any relief requested.


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class members (Complaint ¶ 56).2

18. Third, Plaintiff seeks attorneys’ fees. Complaint p. 20, Prayer for

Relief. Attorneys’ fees may be included in calculating the amount in controversy.

Galt G/S v. JSS Scandinavia, 142 F.3d 1150, 1156 (9th Cir. 1998); see also

Guglielmino v. McKee Foods Corp., 506 F.3d 696, 700 (9th Cir. 2007).

19. In the Ninth Circuit, 25% of compensatory damages is a common

estimate of attorneys’ fees in a class action. Molnar v. 1-800-Flowers.com, Inc.,

No. CV08-0542CAS (JCX), 2009 WL 481618, at *5 (C.D. Cal. Feb. 23, 2009)

(citing Staton v. Boeing Co., 327 F.3d 938, 967 (9th Cir. 2003)). Calculating

attorney’s fees as 25% of the restitution sought by Plaintiff yields $625,000.

20. Plaintiff also seeks both prohibitory and mandatory injunctive relief:

(a) “an order of this Court enjoining Defendants from continuing to engage, use, or

employ their practice of advertising the sale and use of the Products,” and (b) “an

order requiring Defendants to disclose such misrepresentations.” Complaint ¶¶ 80-

81. “The cost of . . . the injunction against defendant must be included when

determining the amount in controversy.” Lyon v. W.W. Grainger Inc., No. C 10-

00884 WHA, 2010 WL 1753194, at *2 (N.D. Cal. Apr. 29, 2010) (citing In re

Ford Motor Co., 264 F.3d 952, 959 (9th Cir. 2001)).

21. If the cost of an injunction to NBTY is included, the amount in

controversy would be even higher. Based on a previous experience in providing

notice to class participants and its experiences with product recalls, NBTY

estimates the costs of providing notice to a purported class and providing the

requested injunctive relief would exceed $1 million. Looney Decl. ¶ 5.

22. NBTY has therefore established CAFA’s minimum amount in

2 Defendants consider the exact amount of units sold and revenue generated to be

confidential. As this is a public filing, Defendants are using conservative round numbers. If the Court has a question regarding Defendant’s filing, Defendant is willing to submit precise numbers under seal.


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controversy of more than $5 million, exclusive of interest and costs, is satisfied.

Minimal Diversity of Citizenship

23. CAFA’s second requirement, that any one member of the proposed

class be a citizen of a state different from any defendant, 28 U.S.C. § 1332(d)(2), is

also met here. Plaintiff alleges she is a citizen of California. Complaint. ¶ 1.

24. Plaintiff alleges Nature’s Bounty, Inc. is a “New York based

corporation,” and NBTY, Inc. “is a corporation organized under the laws of

Delaware.” Complaint ¶¶ 2, 3.

25. NBTY, Inc. is a corporation organized under the laws of the State of

Delaware with its principal place of business at Ronkonkoma, New York. Looney

Decl. ¶ 2. Accordingly, diversity of citizenship exists between at least one

proposed class member and Defendant, satisfying 28 U.S.C. § 1332(d)(2).

26. The complete diversity between the named Plaintiff and NBTY, Inc.

not only satisfies the minimal diversity-of-citizenship requirement under CAFA,

but also precludes the “local controversy” or “home state” exceptions in 28 U.S.C.

§ 1332(d)(3) and § 1332(d)(4).

Proposed Class Size

27. CAFA’s third requirement, that the proposed class contain at least 100

members, 28 U.S.C. § 1332(d)(5), is met here as well.

28. Plaintiff alleges that the number of putative class members is “at least

in the tens of thousands.” Complaint ¶ 38. Plaintiff thus alleges a potential class

with at least 100 members.

//

//


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29. For all the foregoing reasons, this action is properly removed to this

Court under CAFA.

Respectfully submitted, Dated: November 25, 2014 WILLENKEN WILSON LOH &

DELGADO LLP By: /s/William A. Delgado

William A. Delgado Attorneys for Defendants NATURE’S BOUNTY, INC. AND NBTY, INC.


EXHIBIT A

Case 2:14-cv-09082-SJO-PLA Document 1-1 Filed 11/25/14 Page 1 of 31 Page ID #:8

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MILSTEIN ADELMAN LLP GILLIAN L. WADE, Sate Bar No. 229124 Allison R. Willett, State Bar No. 238430 2800 Donald Douglas Loop North Santa Monica, CA 90405 Tel ephone: 888/835-8055 Facsimi 1 e: 310/396-963 5

COIVFORNIEI3 COF'V ORIGINAL FILED

Supe`o ~n~CO t ot LoslAngeles fa

C OCT 22 2014

Sherri.fi. Carter, Executive OfficerlClerk

By Shaunya Bo►den; Depury

ALI

HALUNEN & ASSOCIATES CLAYTON HALUNEN SUSAN M. COLER MELISSA W. WOLCHANSKY 1650 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Tel ephorie: 612/605-4098 Facsi mi 1 e: 612/605-4099

~ Attotneys for Plaintiff, Alison Wilson arid the ProPosed Class

SUPERIOR COURT FOR THE STATE OF CALIFORNIA 13

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FOR THE COUNTY OF LOS ANGELES

ALISON WILSON, individually and on behalf ) of a11 others similarly situated, )

Plaintiffs, ) V. )

) NATURE'S BOUNTY, INC., a New York ) Corporation, NBTY INC., a Delaware ) Corporation, and DOES 1-100, Inclusive )

) Defendants. )

) )

) ) ) ) ) ) )

Case No.: OC CLASS ACTION

COMPLAINT FOR:

1. VIOLATION OF BUSINESS & PROFESSIONS CODE § 17200, et seq. (UNLAWFUL PRONG)

2. VIOLATION OF BUSINESS & PROFESSIONS CODE § 17200, et seg.

(UNFAIR PRONG) 3. VIOLATION OF BUSINESS &

PROFESSIONS CODE § 17200, et seq. (FRAUDULENT PRONG)

4. VIOLATION OF BUSINESS & PROFESSIONS CODE § 17500, et seg.

5. VIOLATION OF CALIFORNIA CIVII. CODE § 1750, el seq. (Consumer Legal Remedies Act)

DEMAND FOR JURY TRIAL


Plaintiff Alison Wilson ("Plaintiff'), individually and on behalf of all others similarly

situated (hereinafter collectively "Plaintiffs" or "the Class"), brings this consumer class action

against Nature's Bounty, Inc. ("Nature's Bounty"), NBTY, Inc. ("NBTY"), and Does 1 through

100, inclusive (hereinafter "Defendants") for unlawful, unfair, and deceptive business practices

in violation of California Business & Professions Code Section 17200 et seq., California

Business & Professions Code Section 17500 et seq., California Civil Code Section 1750 et seq.,

/ and alleges as follows:

8 JURISDICTION AND VENUE

9 1. This Court has subject matter jurisdiction over this class action pursuant to

10 California Constitution, Article VI, § 10, because this case is a cause not given by statute to other

11 trial courts. Plaintiff has standing to bring this action pursuant to California Business &

12 Professions Code § 17200 et seq., Business & Professions Code §17500 et seq., and California

13 Civil Code § 1750 et seq.

14 2. Venue is proper in this Court because Plaintiff purchased Nature's Bounty

15 Ginkgo Biloba at a Whole Foods store located in Los Angeles, California. Further, Defendants

16 conduct substantial business in Los Angeles County. Defendants receive substantial

17 compensation from sales in Los Angeles County and Defendants make numerous

18 misrepresentations which have a substantial effect in Los Angeles County, including, but not

19 limited to, point of purchase, internef, and mass media advertisements.

20 3. Other out of state participants can be brought before this Court pursuant to the

21 provisions of Code of Civil Procedure Section 395.5.

22 PARTIES

23 1. Plaintiff Alison Wilson ("Plaintiff') is, and at all times relevant hereto was, an

24 individual residing in Los Angeles, California. Plaintiff purchased Nature's Bounty Ginkgo

25 Biloba in or about 2013 in Los Angeles, California at a Whole Foods retail store. In doing so,

26 Plaintiff relied upon advertising and other promotional materials, including information on the

27 Products' packaging, containing the misrepresentations alleged herein, including the claims the

28 Products (defined below) will cause or assist in improved memory and brain functioning.

I CLASS ACTION COMPLAINT


I Plaintiff consumed the Products as directed by Defendants and did not receive any of the

advertised benefits associated with the Products and would not have purchased the Products had

she known Defendants' representations were false.

2. Defendant Nature's Bounty, Inc. ("Nature's Bounty") is a New York based

corporation with its principal place of business at 2100 Smithtown Avenue, Ronkortkoma, New

York. Nature's Bounty is the manufacturer of the Products. Nature's Bounty created and/or

authorized the false, misleading and deceptive advertisements and packaging of the Products.

Nature's Bounty, directly and through its agents, has substantial contacts with and receives

substantial benefits and income from and through the State of California. On information and

belief, Nature's Bounty is wholly owned by Defendarit NBTY, Inc.

11 3. Defendant NBTY, Inc. is a corporation organized under the laws of Delaware

12 with its principal place of business at 2100 Smithtown Avenue, Ronkonkoma, New York.

13 NBTY is a large manufacturer of vitamins and dietary supplements, including the Products, and

14 markets its products under various name brands. NBTY created and/or authorized the false,

15 misleading and deceptive advertisements and packaging of the Products. NBTY directly and

1 through its agents, has substantial contacts with and receives substantial benefits and income

17 from and through the State. of California.

18 4. The true names and capacities, whether individual, corporate, associate or

19 otherwise of certain manufacturers, distributors and/or their alter egos sued herein as DOES 1

through 250 inclusive are presently unknown to Plaintiff who therefore sues these Defendants by

21 fictitious names. Plaintiff will seek leave of this Court to amend the Complaint to show the true

22 names and capacities of said Doe Defendants when the same have been ascertained. Plaintiff is

23 informed and believes and based thereon alleges that DOES 1 through 250 were authorized to do

2 jand did business in the State of California, including, but not limited to, Los Angeles County.

25Plaintiffs are further informed and believe and based thereon allege that DOES 1 through 250

26 were and/or are, in some manner or way, responsible for and liable to Plaintiff for the events,

2'7I1 happenings and damages hereinafter set forth below.

2

CLASS ACTION COMPLAINT


1 5. Plaintiff is informed and believes and based thereon alleges that at all times

2 relevant herein each of the Defendants were the agents, servants, employees, subsidiaries,

affiliates, partners, assignees, successors-in-interest, alter egos or other representatives of each of

the remaining Defendants and were acting in such capacities in doing the things herein

complained of and alleged.

FACTUAL ALLEGATIONS

BackQround

y 6. Few things are more unnerving than memory lapses experienced as people grow

10 older. Younger people forget things all the time, but for elders, memory lapses (the mislaid

11 word, name, key) calls up the threat of permanent memory loss, as in Alzheimer's disease.

12 7. According to a survey by the Marist Institute for Public Opinion, Alzheimer's is

13 the most feared disease — more than cancer, stroke, heart disease or diabetes.'

14 8. A growing trend in the supplement industry is single ingredient dietary

15 supplement products claiming to improve memory loss. Sales of these products have exploded

16 in recent years due in large part to media reports of "miracle" memory loss and brain enhancing

17 supplements.

18 9. Not surprisingly, this lucrative market has attracted a variety of hucksters seeking

19, to "cash in" on America's fear of inemory loss by hawking an array of products and services,

many promising miraculous results.

21 10. Ginkgo biloba fossils date back 250 million years, and the use of ginkgo biloba

22 leaf extract as a folk medicine dates back centuries to traditional Chinese medicine. Today,

23 ginkgo biloba leaf extract is marketed in the United States as a dietary supplement, thereby

24 escaping the United States Food and Drug - Administration's ("FDA") requirement for

25 manufacturers to test the effectiveness of their products prior to their marketing and sale.

2611

2 ' Marist Poll, Alzheimer's Most Feed Disease (Nov. 15, 2012), available ar http://maristpoll.marist.edu/1114- 28 alzheimers-most-feared-disease/.



11

11. Defendants seek to take advantage of the public's desire for these "miracle"

supplements promising to elevate mental capacities and prevent dementia.

12. Defendants manufacture, market and sell:

a. Ginkgo Biloba 120mg (100 Capsules)

b. Ginkgo Biloba 60mg (200 Capsules)

c. Ginkgo Biloba 400mg plus 60mg Standardized Extract (120 Tablets)

d. Ginkgo Biloba 60mg (60 Tablets)

(the "Products").

13. Defendants specifically target the elderly by claiming: "Ginkgo helps support

10 memory, especially occasional mild memory problems associated with aging." See Ex. A.

11 14. Unfortunately, the promise of enhanced mental acuity and prevention of inemory

12 loss is nothing but a sham.

13 15. Unbiased, randomized, double blind clinical human studies conclude ginkgo

14 biloba supplements to be ineffective in improving memory or cognitive fiinction.

15 16. Throughout the Class Period, Defendants have engaged in advertising and

16 marketing campaigns that utilize claims of improved memory and cognitive ability, conveying

17 the message to consumers'the Products will provide health benefits, irrespective of whether the

18 claims are factually and scientifically accurate.

19 17. As a result of these deceptive claims, Defendants sell thousands of units of the

20 Products nationally per month through stores such as Albertsons, Safeway, CVS Pharmacy,

21 Walgreens, Whole Foods, and many other retail and on-line stores.

18. This action seeks to halt Defendants' deceptive advertising and marketing of the

Products.

2 Defendants' AdvertisinQ and MarketinQ of the Products

25 19. In the now ultra-competitive market for supplements, companies make advertising

claims for their respective products, which based off extensive consumer research, they know

211 will differentiate their products from others in the marketplace.

2



1 20. Upon information and belief, Defendants have expert knowledge of the consumer

2 market for supplements and have designed coordinated, uniform advertising and marketing for

3 the Products, using a variety of deceptive claims.

21. Defendants advertise their Products will cause or assist in improved memory and

5 cognitive ability. Specifically, Defendants claim their Products "support brain function and can

help improve memory, especially the occasional mild memory problems associated with aging."2

22. Further, Defendants claim theirProducts' "capsules provide Ginkgo at the

8 clinically studied dose for brain function."3

23. Moreover, on the Products' labels, Defendants state: "Supports Healthy Brain

10 Function & Circulation" and "Helps Support Mental Alertness." See Ex. A.

11 24. The label on the bottle for Ginkgo Biloba 120mg (100 Capsules) lists the sole

12 active ingredient as "Ginkgo Biloba Extract (Ginkgo biloba) (leaf) (Standardized to contain 24%

13 Ginkgo Flavone Glycosides, 28mg)." See Ex. A.

14 25. The label on the bottle for Ginkgo Biloba 60mg (200 Capsules) lists the sole

15 active ingredient as "Ginkgo Biloba Extract (Ginkgo biloba) (leaf) (Standardized to contain 24%

16 Ginkgo Flavone Glycosides, 14.4mg)." See Ex. B.

17 26. The label on the bottle for Ginkgo Biloba 60mg (60 Tablets) lists the sole active

18 ingredient as "Ginkgo Biloba Extract (Ginkgo biloba) (leaf) (Standardized to contain 24%

1 Ginkgo Flavone Glycosides, 14.4mg)." See Ex. C.

20 27. The label on the bottle for Ginkgo Biloba 400mg plus 60mg Standardized Extract

21 (120 Tablets) lists the active ingredients as "Ginkgo Biloba Extract (Ginkgo biloba) (leaf)

22 (Standardized to contain 24% Ginkgo Flavone Glycosides, 14.4mg)" and "Ginkgo Biloba

23 (Ginkgo Biloba)(leaf)." See Ex. D.

2 28. Upon information and belief, the Products' labels have always contained the

2511 following representations:

2 z Nature's Bounty, http://www.naturesbounty.com/product/004544 (last visited Aug. 21, 2014).

283 /d.



11

a. "Supports Healthy Brain Function & Circulation;"

b. "Helps Support Mental Alertness;"

c. "Ginkgo helps support memory especially occasional mild memory

problems associated with aging."

29. Unfortunately for consumers, Defendants' advertising claims, in their entirety, are

false and deceptive.

/ Defendants' Advertisin,g Claims For Products Are Fa/se and Deceytive

8 30. Despite Defendants' advertising claims for the Products, ginkgo biloba is not

effective for improved memory or mental acuity. In reality, the Products provide zero benefits to

10 consumers.

11 31. Competent and reliable scientific evidence has repeatedly demonstrated ginkgo

12 biloba supplements fail to show any improvement in mental cognition.

13 32. Three separate meta-studies 6n gingko biloba published in 2002,

14 2007 and 2012 evaluated all known published credible human scientific studies 4 The studies

15 uniformly conclude ginkgo biloba supplements have no positive effect on cognitive functions in

16 healthy individuals.5

17 a. In 2002, PH Canter and E. Ernst published "Ginkgo biloba: a smart drug? A

18 systematic review of controlled trials of the cognitive effects of ginkgo biloba

19 extracts in healthy people" in the University of Exeter Psychopharmacology

20 Bulletin.6 The meta-study evaluates data in six computerized databases for

21 placebo-controlled, double-blind' trials of the effect of standardized Ginkgo

22

23 a A meta-analysis contrasts and combines results from different studies in an attempt to identify patterns among

24 study results, sources of disagreement, and other relationships between the studies.

25 5 K. R. Laws et al., UK, /s Ginkgo biloba a cognitive enhancer in healthy individuals? A naeta-analysis, 27 Human

Psychopharmacology 527, (2012), available at http://dx.doi.ore/10.1002/hup.2259. 2

6 PH Canter & E. Ernst, Ginkgo biloba.• a smart drug? A systematic revieiv of controlled trials of the cognitive

2 effects ofginkgo biloba extracts in healthy people, 36 Psychopharmacol Bulletin 108, (2002), available at

gll http://www.ncbi.nlm.nih.gov/pubmed/12473969.



biloba extracts on cognitive function in healthy subjects. The study concludes

"[t]he use of Ginkgo biloba as a"smart" drug cannot be recommended on the

basis of the evidence available to date, and there is a particular need for

further long-term trials with healthy subjects.'.'7

b. In 2007, PH Canter and E. Ernst published an update to their 2002 study ,

titled, "Ginkgo biloba is not a smart drug: an updated systematic review of I

randomized clinical trials testing the nootropic effecis of G. biloba extracts in

healthy people."g The 2007 meta-study reviews available research added to ,

the tlien-existing data set from the previous 2002 meta-study. Canter and Ernst

10 conclude; "[t]he collated evidence from 15 randomized clinical trials provides

11 no convincing evidence that G. biloba extracts ingested either as.a single dose

12 or over a longer period has a positive effect on any aspect of cognitive

13 performance in healthy people under the age of 60 years."9

14 c. In 2012, K. Laws, H. Sweetnam and T. Kondel published a meta-study titled

15 "Is Ginkgo biloba a cognitive enhancer in healthy individuals? A meta-

16 analysis" in the journal of Human Psychopharmacology at the University of

17 Hertfordshire, UK.10 This meta-study, similar to the aforementioned meta-

18 studies of 2002 and 2007, gathered data from all relevant credible studies on

19 Ginkgo biloba's effect as a cognitive enhancer. Here, the authors emphasize,

20 "[g]iven that G. biloba is marketed worldwide as a memory enhancer or

21 touted to at least `maintain memory', it is crucial to establish the validity for

2211

23II , Id.

24 8PH Canter & E. Ernst, Ginkgo biloba is not a snTart drug: an updated systematic revieiv of r•andomized clinical

25 trials lesting the nootropic effects of G. biloba extracts in healthy people, 22 Human Psychopharmacology 265,

2 (2007), available at http://dx.doi.org/I0.1002/hup.843.

A9 1d. at 277.

2811 10 Laws, ef al., supra note 6.



such claims."' ' This meta-study concludes "[g]. biloba has no significant

impact on memory, executive function or attention with all effect sizes non-

significant and effectively at zero."12 Further, "we found no evidence that G.

biloba improves memory, executive or attention functioning in healthy

individuals."1'

33. Overwhelmingly, the consensus of reliable scientific studies concludes ginkgo 'I

biloba supplements do nothing to enhance memory or cognitive abilities in healthy adults.

8 a. A 2002 study conducted by P. Solomon, PhD and published in the Journal of

the American Medical Association titled "Ginkgo for Memory Enhancement,"

10 studies the effects of over-the-counter Ginkgo biloba products in 203 subjects

11 in a six-week randomized, double-blind, placebo-controlled, parallel group I

12 trial.14 Soloinon and co-researchers conclude "[t]he results of this 6-week '

13 study indicate that ginkgo did not facilitate performance on standard

14 neuropsychological tests of learning, memory, attention and concentration or

15 naming and verbal fluency in elderly adults without cognitive impairment."1s

14 The authors found, "[t]he ginkgo group also did not differ from the control

17 group in terms of self-reported memory function or global rating by spouses,

18 friends, and relatives. These data suggest that when taken following the

19 manufacturer's instructions, ginkgo provides no measurable benefit in

20 memory or related cognitive function to adults with healthy cogitative

21

22

72 " td.

2511 13 Id

L 14P. R. Solomon et al., Ginkgo for Memory Enhancement 288 JAMA 835, (2002), available at

2 http://iama.iamanetwork.com/article.aspx?articleid=195207.

mIm CLASS ACTION COMPLAINT


function."16 Solomon notes, "[d]espite the manufacturer's claims of improved

memory in healthy adults, we were unable to identify any well-controlled

studies that document this claim."" Solomon further concludes "this study

does not support the manufacture's claims of the benefits of ginkgo on

learning and ine►nory."ig

b. In a 2002 article on the Cleveland Clinic Center for Continuing Education

Pharmacotherapy Update, titled "Ginkgo 13iloba and Memory," the

Department of Pharmacy observe, "[d]espite the lack of well-controlled

studies to support the use of Ginkgo biloba leaf extract for prevention and

treatment of inemory impairment, ginkgo products continue to be heavily

marketed and widely used."19 The article concludes "[t]he use of ginkgo

biloba leaf extract for memory impairments marketed and targeted at the

healthy adult that experiences forgetfulness. Currently, the claims that Ginkgo

biloba has beneficial effects on learning and memory are not supported by the

Iiterature."20

34. The widespread popularity of ginkgo biloba is simply a testament to the power of

marketing rather than to any measurable brain benefits.21

16 Id

17 Id

18 rd

19 A. Popa, Pharmacology Update, Ginkgo Biloba and Memory, available at

http://www.clevelandclinicmeded.com/medicalpubs/pharniacy/sepoct02/einkeo.htm (last visited Nov. 8, 2012).

25 20 Id

2 21 Kirk R. Daffner (ed.), Harvard Medical School, Irnproving Memory — Understanding age-related meniory loss" (2012) ("Harvard Report"), at 46, available at http://www.health.harvard.edu/special health reports/improving=

2 memory?utm source=promo&utm medium=email&utm content=body I b&utm campaign=PA 11 1812&j=2979281 6&e=wolchansky(~c,halunenlaw.com&1=16223912 HTML&u=347687378&mid=148797&jb=0 (last visited Nov.

2 g 19, 2012).

1

1

1

1

1

1

1

1

1-8

19

2

21



11

35. Accordingly, Defendants' marketing is deceptive and misleading as the claims are

specifically refuted by competent and reliable scientific evidence as set forth above.

CLASS ACTION ALLEGATIONS

36. Plaintiff brings this action for injunctive and related equitable relief on behalf of

herself, and as a class action pursuant to Code of Civil Procedure § 382, on behalf of the

following putative class (hereafter "Class"):

All persons who purchased Nature's Bounty Ginkgo Biloba for personal use and not for resale, in the State of California during the applicable

g liability period for their personal use, rather than for resale or distribution. 9 Excluded from the Class are Defendants' officers, directors, employees;

counsel for Plaintiff and Defendants; and the judicial officer to whom this 1 lawsuit is assigned.

11 37• Plaintiff reserves the right to amend the Class definition if further investigation

12 and discovery indicates that the Class definitions should be narrowed, expanded, or otherwise

13 modified.

1 38. Numerosity: Plaintiff does not know the exact number of Class members. Due to

15 the nature of the trade and commerce involved. However, Plaintiff is informed and believes that

16 the total number of Class members is at least in the tens of thousands, and that members of the

1 Class are numerous and geographically dispersed throughout California. While the exact

,8 number and identities of the Class members are unknown at this time, such information can be

19 ascertained through appropriate investigation and discovery. The disposition of the claims of the

2 Class members in a single class action will provide substantial benefits to all parties and to the

21 Court.

22 39. . Well-defined Community of Interest: there is a well-defined community of

23 interest in the questions of law and fact involved affecting the plaintiff Class and these common

questions predominate over any questions that may affect individual Class members. Common

2511 questions of fact and law include, but are not limited to, the following:

a. Whether Defendants falsely advertise and misrepresent the benefits of the

2~I Products;

2



1 b. Whether Defendants' ►r►ass media advertising and/or the packaging for the

2 Products is misleading and deceptive;

3 c. Whether Defendants' labeling and/or packaging for the Products is misleading,

false and/or illegal;

5 d. Whether Defendants represent to consumers that the Products have

characteristics, uses, benef► ts or qualities that the Products does not have;*

e. Whether Defendants knew or should have known that the Products do not have

8 the characteristics, uses, benefits or qualities for which Defendants advertised the

9 Products;

10 f. Whether Defendants represented that the Products are of a particular standard,

11 quality, or grade, when they are of another;

12 g. Whether Defendants advertised the Products with intent to sell them not as

13 advertised;

14 h. Whether Defendants engaged in unfair, unlawful and/or fraudulent business

15 practices in marketing and distributing the Products;

16 i. Whether Defendants engaged in false advertising with respect to the Products;

17 j. The nature and extent of damages and other remedies to which the wrongful

18 conduct of Defendants entitles the Class members;

19 k. Whether Defendants' representations, concealments and non-disclosures

20 concerning the Products violate the CLRA, FAL and/or the UCL;

21 I. Whether the Class is entitled to injunctive relief prohibiting the challenged

22 wrongful practices and enjoining such practices in the future;

23 m. Whether the Class is entitled to restitution; and,

24 n. Whether Plaintiff and the Class are entitled to attorneys' fees and expenses, and in 'I

25 what amount.

26 40. Typicality: Plaintiff's claims are typical of the claims of the members of the Class

2 in that Plaintiff and the putative class members each purchased the Products during the Class

28



l l I Period, and the products purchased by Plaintiff and the putative class members contained

unfairly deceptive and misleading representations.

41. Adequacy of Representation: Plaintiff will fairly and adequately represent and

protect the interests of the Class in that Plaintiff is a typical purchaser of the Products and has no

conflicts of interest with any member of the proposed Class. Additionally, Plaintiff has retained

counsel with experience in handling complex class action litigation who will fairly and

adequately protect the interests of the putative class. Plaintiff and her counsel are coinmitted to

vigorously prosecuting this action on behalf of the Class and Plaintiff's Counsel has the financial

resources to do so.

10 42. Superiority: Plaintiff and the members of the Class suffered, and will continue to

11 suffer, harm as a result of Defendants' unlawful and wrongful conduct. This class action is

12 superior to the alternatives, if any, for the fair and efficient adjudication of this controversy. The

13 relief sought per individual member of the putative class is small given the burden and expense

14 of individual prosecution of the potentially extensive litigation necessitated by the conduct of

15 Defendants. Furthermore, it would be virtually impossible for the putative class members to

16 seek redress on an individual basis. Even if the putative class members themselves could afford

17 such individual litigation, the court system could riot. Individual litigation magnifies the delay

18 and expense to all parties in the court system of- resolving the controversies engendered by

19 Defendants' common course of conduct. The class action device allows a single court to provide

20 the benefits of unitary adjudication, judicial economy, and the fair and efficient handling of all

21 .class members' claims in a single forum. The conduct of this action as a class action conserves

22 the resources of the parties and of the judicial system and protects the rights of the class

23 members. Furthermore, for many, if not most, a class action is the only feasible mechanism that

24 allows an opportunity for legal redress and justice.

25 43. Adjudication of individual class members' claims with respect to Defendants

26 would, as a practical matter, be dispositive of the interests of other members not parties to the

27 adjudication, and could substantially impair or impede the ability of other class members to

28 protect their interests.



ll

44. If necessary, notice of this action may be affected to the proposed class through

publication and through contact information maintained by Defendants.

45. Unless a classwide injunction is issued, Defendants will continue to commit the

violations alleged, and the members ofthe Class will continue to be misled

FIRST CAUSE OF ACTION VIOLATION OF UNFAIR COMPETITION LAW

(CAL. BUS. & PROF. CODE § 17200, et seq). Unlawful Business Acts and Practices

46. Plaintiff incorporates by reference and realleges all allegations set forth in the

preceding paragraphs.

10 47. Plaintiff brings this clairn individually and on behalf of the proposed Class against

11 Defendants.

12 48. As alleged herein, Plaintiff has standing to pursue this claim as Plaintiff has

13 suffered injury in fact and has lost money or property as a result of Defendants' actions.

14 Specifically, Plaintiff purchased the Products for her own personal use. In so doing, Plaintiff

15 relied upon the false representations that the Products will cause or assist in improved memory

16 and brain function as referenced above. Plaintiff used the Products as directed and did not

17 receive any of the advertised benefits. Plaintiff would not have purchased the Products had she

18 known Defendants' advertising claims were false.

19 49. The actions of Defendants, as alleged herein, constitute illegal and unlawful

20 practices committed in violation of the Business & Professions Code § 17200.

21 50. Defendants have unlawfully marketed and advertised Products because

22 Defendants: (1) violate sections 1770(a)(5), 1770(a)(7) and 1770(a)(9) ofthe CLRA, Civil Code

23 § 1750, et seq.; (2) violate sections 17200 et seq. and 17500 et seq. of the Business & Professions

24 Code; and (3) violate sections 111330 and 111445 ofthe California Health & Safety Code.

25 51. Moreover, Defendants' manufacturing, marketing, advertising, packaging,

26 labeling, distributing, and selling of the Products violates California's Sherman Act, Cal. Health

2& Safety Code §109875, et seq. The Sherman Act defines a"person" as "any individual, firm,

28 partnership, trust, corporation, limited liability company, company, estate, public or private

13 CLASS ACTION COMPLAINT


1 institution, association, organization, group, city, county, city and county, political subdivision of

2 this state, other governmental agency within the state, and any representative, agent, or agency of

any of the foregoing." Cal. Health & Safety Code, § 109995. Defendants are a corporation and,

therefore, a"person" within the meaning of the Sherman Act.

52. In relevant part, a drug is misbranded if its labeling is false or misleading in any

particular way. Cal. Health & Safety Code §§ 111330, 111445.

53. Plaintiff and other putative class members were mislead and, because the

misrepresentations were uniform and material, presumably believed that Products would

provide cognitive benefits as advertised.

10 54. There were reasonably available alternatives to further Defendants legitimate

11 business interests, other than the conduct described herein.

12 55. Plaintiff and the Class reserve the right to allege other violations of law which

13 constitute other unlawful business acts or practices. Such conduct is ongoing and continues to

14 this date.

1.5 56. As a result of the business practices described above, Plaintiff and the other

16 members of the Class, pursuant to Business & Professions Code § 17203, are entitled to an order

17 enjoining such future conduct on the part of the Defendants' ill-gotten gains and to restore to any

18 person in interest any money paid for the Products as a result of the wrongful conduct of the

1911 Defendants.

2 SECOND CAUSE OF ACTION VIOLATION OF UNFAIR COMPETITION LAW

21 (CAL. BUS. & PROF. CODE § 17200, et seq.) Unfair Business Acts and Practices

22

23 57. Plaintiff incorporates by reference and realleges all allegations set forth in the

24 preceding paragraphs.

25 58. Plaintiff brings this claim individually and on behalf of the proposed Class against

2 Defendants.

2 59. As alleged herein, Plaintiff has standing to pursue this claim as Plaintiff has





relied upon the false representations that the Products will cause or assist in improved memory

and brain function as referenced above. Plaintiff used the Products as directed and did not

receive any of the advertised benefits. Plaintiff would not have purchased the Products had she

known Defendants' advertising claims were false.

60. California Business & Professions Code § 17200 also prohibits any "unfair

business act or practice."

61. Defendants' acts, misrepresentations and practices as alleged herein also

constitute "unfair" business acts and practices within the meaning of Business & Professions

l0ll Code § 17200 et seq. in that its conduct is substantially injurious to consumers, offends public

1 1 policy, and is immoral, unethical, oppressive, and unscrupulous as the gravity of the conduct

12 outweighs any alleged benefits attributable to such conduct.

13 62. There were reasonably available alternatives to further Defendants' legitimate

1 business interests, other than the conduct described herein.

15 63. As a result of the business acts and practices described above, Plaintiff and the

16 other members 6f the Class, pursuant to Business & Professions Code § 17203, are entitled to an

17 order enjoining such future conduct on the part of Defendants, and such other orders and

18 judgments which may be necessary to disgorge Defendants' ill-gotten gains and to restore to any

19 person in interest any money paid for the Products as a result of the wrongful conduct of

20 Defendants.

21 THIRD CAUSE OF ACTION

22 VIOLATION OF UNFAIR COMPETITION LAW (CAL. BUS. & PROF. CODE § 17200, et sey.)

23 Fraudulent Business Acts and Practices

64. Plaintiff incorporates by reference and realleges all allegations as set forth in the

preceding paragraphs.

65. Plaintiff brings this claim individually and on behalf of the proposed Class against

211 Defendants.

2



66. As alleged herein, Plaintiff has standing to pursue this claim as Plaintiff has

suffered injury in fact and has lost money or property as a result of Defendants' actions.

Specifically, Plaintiff purchased the Products for her own personal use. In so doing, Plaintiff


and brain function as referenced above. Plaintiff used the Products as directed and did not



67. California Business & Professions Code § 17200 also prohibits any "fraudulent

business act or practice."

10 68. Defendants' claims, nondisclosures and inisleading statements with respect to the

11 Products, as more fully set forth above, were false, misleading and/or likely to deceive the

12 consuming public within the meaning of Business & Professions Code § 17200.

1311 69. Defendants' conduct caused and continues to cause injury to Plaintiff and the

1Al other Class members. Plaintiff has suffered injury in fact and has lost money as a result of

15 Defendants' deceptive conduct.

16 70. As a result of the business acts and practices described above, Plaintiff and the

17 other members of the Class, pursuant to Business & Professions Code § 17203, are entitled to an

18 order enjoining such future conduct on the part of Defendants, and such other orders and

19 judgments which may be necessary to disgorge Defendants' ill-gotten gains and to restore to any

20 person in interest any money paid for the Products as a result of the wrongful conduct of

21 Defendants.

FOURTH CAUSE OF ACTION FALSE AND MISLEADING ADVERTISING (CAL. BUS. & PROF. CODE § 17500, et seq.)

2

25 71. Plaintiff incorporates by reference and realleges all allegations set forth in the

2 preceding paragraphs.


Defendants.



11

73. As alleged herein; Plaintiff has standing to pursue this claim as Plaintiff has




5 and brain function as referenced above. Plaintiff used the Products as directed and did not



8 74. Defendants violated Business & Professions Code § 17500 by publicly

disseminating false, misleading, and unsubstantiated advertisements regarding the Products.

10 75. Defendants' false, misleading and unsubstantiated advertisements were

11 disseminated to increase the sales of the Products.

12 76. Defendants knew or should have known their advertisements for the Products

13 were false and misleading.

14 77. Furthermore, Defendants publicly disseminated the false and misleading.

15 78. Plaintiff and the members of the Class have suffered harm as a result of these

16 violations of the FAL because they ,have incurred charges and/or paid monies for the Products

17 that they otherwise would not have incurred or paid.

18 79. Defendants are aware, or by the exercise of reasonable care should have been

19 aware, that the representations were uritrue or misleading.

20 80. Plaintiff and the members of the Class have suffered injury in fact and have lost

21 money as a result of Defendants' false representations and false advertising.

22 81. Pursuant to Business & Professions Code § 17535, Plaintiffs and the members of

23 the putative Class seek an order of this Court enjoining Defendants from continuing to engage,

24 use, or employ their practice of advertising the sale and use of the Products.

25 82. Likewise, Plaintiff and the members of the putative Class seek an order requiring

26 Defendants to disclose such misrepresentations; and additionally request an order awarding

27 Plaintiff and other members of the putative class restitution of the money wrongfully acquired by

28



11 I Defendants by means of responsibility attached to Defendants' failure to disclose the existence

and significance of said misrepresentations.

FIFTH CAUSE OF ACTION VIOLATION OF CALIFORNIA LEGAL REMEDIES ACT

(CAL. CIV. CODE § 1750, et seq.)

83. Plaintiff incorporates by reference and realleges all allegations set forth in the I

g preceding paragraphs as if fully set forth herein. i


1 Defendants.

11 85. As alleged herein, Plaintiff has standing to pursue this claim as Plaintiff has i



1 relied upon the material, false representations that the Products will cause or assist in improved

15 memory and brain functioning, as set forth above. Plaintiff used the Products as directed and did

1 not receive any of the advertised benefits. Plaintiff would not have purchased the Products had

1711 she known Defendants' advertising claims were false.

18 86. Plaintiff has concurrently filed the declaration of venue required by Civil Code

19 § 1780(d) with this complaint.

2 87. Defendants have violated and continue to violate the CLRA by engaging in the

21 following practices proscribed by California Civil Code § 1770(a) in transactions with Plaintiff

,) and the Class which were intended to result in, and did result in, the sale ofthe Products:

§ 1770(a) (5) Representing that [The Products have] ... characteristics, ... uses [or]

benefits ... which [it does] not have ... .

25 § 1770(a) (7) Representing that [The Products are] of a particular standard, quality

2 or grade ... if [it is] of another.

2711 § 1770(a) (9) Advertising goods or services with intent not to sell them as

advertised.



11

88. On or about December 23, 2013, Plaintiffls counsel sent to Defendants a written

notice letter via certified mail as required by Civil Code Section 1782(a).

89. Defendants' wrongful business practices constituted, and constitute, a continuing

course of conduct in violation of the CLRA. Pursuant to Civil Code § 1782(d), Plaintiff and the

Class seek a Court order enjoining the above-described wrongful acts and practices of

Defendants along with any other conduct found by the Court to be illegal, fraudulent,

misleading, unlawful, unfair and/or deceptive conduct.

90. In addition, the CLRA has enhanced penalties for acts perpetrated against senior

citizens and disabled persons. If the Defendant's conduct is directed at a class of persons who

10 are senior citizens and/or disabled, a$5,000.00 civil penalty may be awarded to "each class

11 member." Civ. Code § 1780(b). A"disabled person" is someone who has a"physical or mental

12 impairment which substantially limits one or more major life activities." Civ. Code §1761(0,

13 (g). Under California law, individuals suffering from Alzheimer's are "disabled." Defendant's

1 conduct is clearly directed at senior citizens and the disabled (i.e. those with Alzheimer's), as the

15 Products are intended to treat and/or prevent memory loss. Accordingly, the Court may award a

16 civil penalty of up to $5,000 for each class member.

17 91. Plaintiff engaged counsel to prosecute thiss action and is entitled to recover costs

18 and reasonable attorney's fees according to proof at trial.

19 PRAYER FOR RELIEF

2111 WHEREFORE, Plaintiff, on behalf of herself and all others similarly situated, prays for

judgment as requested above against Defendants and further prays for:

1. An order certifying that the action may be maintained as a Class Action;

2. An order enjoining Defendants from pursuing the policies, acts, and practices

2511 complained of herein.

w 3. An order requiring Defendants to pay restitution to Plaintiff and all members of

2 the Class;

28



4. For pre judgment interest from the date of filing this suit;

5. For reasonable attorneys' fees;

6. Costs of this suit; and,

7. Such other and further relief as the Court may deem necessary and appropriate.

rk 7 Dated: October 22,2014 M TEIN ADELMAN LLP

g GILLIAN L. WADE ALLISON R. WII.LETT 2800 Donald Douglas Loop North Santa Monica, CA 90405

1 Telephone: 888/835-8055

11 Facsimile: 310/396-9635

12 HALUNEN & ASSOCIATES CLAYTON HALUNEN

13 MELISSA W. WOLCHANSKY CHARLES D. MOORE

1 1650 IDS Center

15 80 South Eighth Street Minneapolis, MN 55402

16 Telephone: 612/605-4098 Facsimile: 612/605-4099

17

lll DEMAND FOR.TURY TRIAL

/~ Plaintiff hereby demands a trial by jury as to all claims for which the right to jury trial is

21 provided.

2

23 2 Dated: October 22, 2014

MILST ADELMAN

25 GILLIAN L. WADE ALLISON R. WILLETT

26 2800 Donald Douglas Loop North Santa Monica, CA 90405

27 Telephone: 888/835-8055 28 Facsimile: 310/396-9635



HALUNEN & ASSOCIATES CLAYTON HALUNEN SUSAN M.COLER MELISSA W. WOLCHANSKY 1650 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Telephone: 612/605-4098 Facs i m i le: 612/605-4099

11

2

2

2

2

2

2



Exhibit A

1 1



1C

11

12

13

14

15

16

17

18

19

N. Artificial Color, Fluvor or Sweeterrer. N. Preservaevzs, N. Sugar. No Milk, No LWctose, No Soy. No Glulen, No W'heat, N. Yeast. N. F1sh. Sodium Free.

®I £scife100{LNSI'3F!!1"xGtC'.'.fY[Il~Fi3 O 1 fd€ t.e". ,333-2.G30

k4:r. sar, a ua - z?s3R c

V FaxrQlir^A;kxaIfk',tq:Elq'S2.m1EtjR8:frtY'•Ace:f?y ~ 3lYptc4szP:T' ••7."tf:a+rfw'xirxn.7:;li W~ .............,r.:'x.'., r

N 'Theu stetements heee not beCn eretwted by Ne FGotl !nd DruO Adm8llstratbn. Th16 pfoduel ta not IMcnhG Io eiaqnose, trcnt,

~ CWC or preYent iny dl6l86a.

~

~

—N&~` ,t~~~~= ,

_ ., ~ ,.; .uS~.

W Prod.No-4543 E—a G--

Dt)trBLE STR1111(aTH LSjfANDARDIZED EXTRACT

Gin4go

Biloba StaRdarci¢ed to coRtain

mg 24% GiRkgoFiayoNeGlycosides

Supports Health}r Brain Fanction R, C'irculation' -

~ il' f r---~

I 00C~~lt3UI(S }tEROALSU~~~C1.+~r.T

----~ DIAi'C'710•J1; For nduFts. take one (1) enpsnle da~ty, preferably witb a meet. Cnpsules may be apened and prepared as n tea.

Supplement Facts Serving Size 1 CnpsuFe

en,ount Par Berving %oaily vxtue

Ginkgo Rlloba Eatrnct 120.9 " (GiMcgn bifoba) (lea^) (Standardized to co tain 2414 Cinkgo Flavone Glycoaides,28rnq)

"Daily Value not r..stablished.

Other Ingredients: R.e Fiauc Ge+'afin- Ve<tztable Maqnesium Stetnate, Oea.

WARNING: If ycu are pragnant. nurtinp, lak- ire any medtiaans, plar,nirtg any medicel ptttiNure o have anY 1-<Lca1 CJ.dflon, eonsrAt ye;rr ilaclor tv:fore — Dscnn;irue ue0 and sonsu;l ypw dactor it any adverw react»ns accur_ Not inteaded fow use hy per- rons anrpr ttre azta ol 18. Keap cut of ruar:h of dvklraa Stru. av Lb oot uw u I i cap is Moken

~ U°gt oy v t.

2

2;

2

2.

2;

2;

2.



Exhibit B

1 1

2

21

2

2



O . .:.: , , - :: . •

~ . '.

ri,4ft

v- iae9uxnwas'cr A mwXdzsik~ru 5^ '-Wn :aa

__ a.v nen'nvn.m,e m; ,po„Iwc~

augno..,e~woweorpn.ee

~

PrcM. Nn ti3<3 5 <.

---.— ` ....a.....

10

11

12

13

14

15

16

17

18

19

20

21

2

2

2

2

.c_,~,a.. ~ ~ .a 1~ ~ • ~ _ J~,,~_~ ~_ ~~~xa;~~i_i ~~~ ~-~ r~ _ 1 F

.Q~..._F.a For a:]ulta. WMa two 131 FaYeNac Mro ilmea 6a8r.

p•,arearwm.neais.

V STAiVDr1RDIZED EX'I`itACT'

Supplement Facts sor.inq aa,scaowi.+

Glr'lkgo

amana v.r s..oi~.n !eoenr vem. GlnkOo BibEa E+irac, (Ci.MO., biluba19.a0 60 mq

IS1anEaerl~iM to conlnYn ]i : Gink9u Fimunp Brze~~.+,,amor Biloba

-Bonr vrw ,o, acrnwl+ma

O ll ~y~ lg

~er [:f:n^~n¢

S~n~erGilp.O W ae,lsln xiv,Qq,t'~kMtpi97,:t61das I

ONw NqrvOian6: Fi:.e F6ur :.ck'IDr. ~egc;SW llay,asi.m alta-ata-

MD M.`.ncul Ca00.. Fiq, q SwKWnI. Nn WesF.Clbi No 9~ p, Hyu1F,NOWSOBG.ND Sol'. Ne 91uu1 Ib WpaN.tbYpL{: NOFlYt Sa~vm F:x.

SuppUrts Nealtil)' Brain Punrtion:L (:ircutation'

xunrmo:a r- r c ma .R.a 3 sa rm~+c scw.

v m w3 tn~ na y al manm rmstrar 4M f rn Cl . ~aM -nsa: Y~a .!a.'Nr 1 enr

w,:aea,ar,nwrnDn,a i! smb urza3r cas e crca<.n d meann

200 c:lpsudCs



Exhibit C

l c

11

12

13

14

15

16

1

18

1

2

21

2

2

2

2

2



I c

11

12

13

14

15

16

17

18

19

N. A,titasil Colo,, F.— . S.-t-1, N. N. M..,, N. 5-ch, No Milk, N. La,,i—t N. Soy, N. Glut— N. 1, N. Yeast, M. Rh. S.&.. Fr—

m,t C)

k'km Sal 9 AV 7 PM El

qu-MAE". it. -:: . ;1". ? ownwazil6v SIWG quir"p.

.

Cl) —e statemertte r .. rol b—

evaluated

by the Fwd and OM AdininIgMiDn. Th's Pmd 0 is not bftrjdDd to diaWw

pl—I any dr—

cn rli

m it Prod. No.

STANDARDIZED EXI'RACT'

GltliSgo "Hol5a

Staiidardize(I to cotitain 60mg 1 24% Ginkgo Finvone Girmides

Supports Healthv Brain Function Circulation*

— 60 tablets H EP E ~:.L . IJ FF L E Y P N T

1ECTO F., ndalta, tk. — 11) rm'j.t d."Y. prvt.'ably'viih —I..

Supplement Facts Serving Si- I T.blw

Amount Par Serving %Daily VM.. Ginkgo Bil.b. Extm.i 60.9 jGinkgo bilb.1 ne.f) (Standardized to contain 24% Ginkgo Revere Glycosides, 14.4 mg)

—D.ily V.I.a nor lalitlibli.hd,

Oth., Ingredients: Vg.t.bl C Dk.ica i.. Ph-ph.t. Co.=

OW— .2% .1:

SIR-, V.q.rbl. Mplasiurn Slowele. Veqewt.4. Sl—k, A60.

WARNING: If y- — plqn-1, —sirq. tak-ko —Y —dfcalix—, pl—.9 ..y medicedi prtcedure or h— rly rividic.1 —dilkrnt, co-11 y-, doclor b.f.. ... Di—linue use ana —sult y—, d-lo, if any adverse reacfions -.,. N-ot imend.d f.r ..e by~,; solis unde! Vl. .9. 0 1& K-p otn of ,' of ehd— St— m — t—p..t— 0o her ulate il ~j U, ~ ider cap is bmKm m gislithq.

%ftwo I., V."riarm

V ' ZD" I ty, 04r, .'13whe-o" law

I

21

2

2



Exhibit D

2

2

2

2

2

2

2

2

2



67noko hovoiewbwtyta bw embeian —d hf—d ff..K p—ti—lady ii, —brot fbi anuk'a, In a"tim, Ginkgo hofps siwPail nsornar*t,

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281



EXHIBIT B


CM=010 ATTORNEY OR PARTY wITHOUT ATTORNEY (Name, Stafe Baf numDer, an0 atlOress):

MILSTEIN ADELMAN, LLP FOR COURT USEONLY

Gillian L. Wade, State Bar No. 229124; Allison R. Willett, State Bar No. 238430 2800 Donald Dooglas Loop North CONFORflAED COPY Santa Monica, California 90405 oRtGINAL FILED

Su~'e,',iO~ CourtofCa►ifornia TELEPHONENo.: 310) 396-9600 FAxNo.: (310) 396-9635 .ng qnnnl?c ATTORNEYFOR(Name): lalntlff, ALISON WILSON

OC T 2 2 2014 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles STREETADDRESS: I 1 I NOrtlt I-Itll ,_7't'reet

herrl H. liariL(, MAILINGADDRESS: I 1 I North. Hi11 Street . L'KGlat(fy.,; Up~f~~t,riC(erk CITY AND ZIP CODE: LOs Ang el~ es 90012 BY Shaunya Bolher, ()pntltb

BRANCH NAME: Stallley Mosk~ Courthouse CASE NAME:

ALISON WILSON v. NATURE'S BOUNTY, INC., ET AL. CIVIL CASE COVER SHEET Complex Case Designation

CASE NUMBER:

✓0 unlimited Limited 0 Counter E] Joinder BC 5 61 5 2 7

(Amount (Amount demanded demanded is Filed with ffrst appearance by defendant

JUDGE:

exceeds $25,000) •$25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT.

11ClrlJ I—p UGluw fflUJ( UC (.VfrlplClCU (JCC IrIJIrU(ilrVrlJ Vll fJiYCJC L/.

Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403)

~ Antitrust/Trade regulation (03)

~ Construction defect (10)

~ Mass tort (40)

Q Securities litigation (28)

Q Environmentalfroxic tort (30)

0 Insurance coverage claims arising from the above listed provlsionally complex case types (41)

Enforcement of Judgment

= Enforcement of judgment (20)

Miscellaneous Civil Complaint

0 RICO (27)

~ Other complaint (not specifred above) (42)

Miscellaneous Civil Petition

~ Partnership and corporate governance (21)

~ Other petition (not specified above) (43) U Wrongful termination (36) U Writ of mandate (02)

F—I Other employment (15) Other udicial review (39)

2. This case ✓ is L I is not . comDlex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management:

a. Q Large number of separately represented parties d. 0 Large number of witnesses

b. 0✓ Extensive motion practice raising difficult or novel e. [::] Coordination with related actions pending in one or more courts

issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal ceurt

c. © Substantial amount of documentary evidence f. M Substantial postjudgment judicial supervision

3. Remedies sought (check all that apply): a.© monetary b. m nonmonetary; declaratory or injunctive relief c. © punitive

4. Number of causes of action (specify): Five (5)

5. This case [~✓ is Q is not a ctass action suit.

6. If there are any known related cases, file and serve a notice of related case. (Yge{may use form CM-015.)

Date: October 22, 2014 Allison R. Willett

(TYPE OR PRINT

• Plaintiff must ffle this cover sheet with the ffrst paper ffled in the action or proceeding (except small claims cases or cases filed

I under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions.

• File this cover sheet in addition to any cover sheet required by local court rule. • If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all

other parties to the action or proceeding. • Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onl~r.

aae 1 of 2

Form Adoptetl for Mandawry Use CIVIL CASE COVER SHEET Cat Rules of Coun, rules 2.30, 3.220, 3.400-3.403, `s.740:

Judlcl;l Counctl of Californla . . Cal. SlanOaros o! Judicial AominisuaUon, sto. 3J0 CM-010 tRev. July 1, 20071 " www.courfinfo.ca.gov

Check one box below for the case type that best describes thls case:

Auto Tort

E=1

Contract

~ Breach of contractJwarranly (06) Auto (22)

= Unlnsured motorist (46) Rule 3.740 collections (09)

Other PI/PD/WD (Personal Injury/Property 0 Other collections (09) Damage/Wrongful Death) Tort

0 Asbestos (04) 0

O Insurance coverage (18)

Other ~ Product liability

contract (37) (24)

0 Real Property

Medical malpractice (45) Eminent domain/Inverse t_1 Other PI/PD/WD (23)

0

condemnation (14)

Non-PI/PD/WD (Other) Tort

0✓ 0

Wrongful eviction (33)

Other real (26) property Business torUunfair business practice (07) 0 Civil rights (08)

~

Unlawful Detainer Ej Commercial (31) DefamatEon (13)

0 Fraud (16) 0 Residential (32)

0 Intellectual property (19) El Drugs (38)

Q Professional negligence (25) Judicial Review

~ Other non-PI/PD/V11D tort (35) Asset forfeilure (05)

Employment Petition re: arbitration award (11)


C M-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET

To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, aiong with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.

To Parties in Rule 3.740 Collections Cases. A"collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of aftachment: The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740.

To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate tioxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintifPs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the Case Is COmplex. CASE TYPES'AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal.

Auto (22)—Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Ru[es 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)

Uninsured Motorist (46) (if the Contract (not unlawful detalner Construction Defect (10) case involves an uninsured or wrongfut eviction) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach—Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) instead ofAuto) Negligent Breach of ContracU Insurance Coverage Claims

Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of ContractM/arranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment

Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Co[lections County)

Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations)

toxiclenvironmental) (24) complex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award

Medical Malpractice— Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of

Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment

Case Other PI/PD/WD (23) Real Property

Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint

and fall) Condemnation (14) RICO (27)

Intentional Bodily Injury/PDNVD , Wrongful Eviction (33) Other Complaint (not specified

(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Declaratory Relief Only Intentional Infliction of Writ of Possession of Real Property Injunctive Relief Only (non- Emotiona[ Distress Mortgage Foreclosure harassment) Negfigent Infliction of Quiet Title Mechanics Lien Emotional Distress Other Real Property (not eminent Other Commercial Complaint Other PI/PDNUD domain, landlord/tenant, or Case (non-tort/non-complex) Non-PI/PD/WD (Other) Tort ' foreclosure) Other Civil Complaint

Business TorUUnfair Business Unlawful Detainer (non-torUnon-complex) Practice (07) Commerclal (31) Miscellaneous Civil Petition

Civil Rights (e.g., discrimination, Residential (32) Partnership and Corporate false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21) harassment) (08) drugs, check this item; othenroise, Other Petition (not specified

Defamation (e.g., slander, libel) report as Commercial orResidential) above) (43) (13) Judicial Review Civil Harassment

Fraud (16) Asset Forfeiture (05) Workplace Violence Intellectual Pro ert 19) p y ( Petition Re: Arbitration Award 11 ( ) Elder/Dependent Adult Professiona[ Negligence (25) Writ of Mandate (02) Abuse

Legal Malpractice Writ—Administrative Mandamus Election Contest Other Professional Malpractice Writ—Mandamus on Limited Court Petition for Name Change

(not medical orlegal) Case Matter Petition for Relief From Late Other Non-PI/PDMID Tort (35) Writ—Other Limited Court Case Claim

Employment Review Other Civil Petition Wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order

Notice of Appeal—Labor Con'lmissioner Appeals

cM-010 [tteY. July 1, 2007; CIVIL CASE COVER SHEET Page 2 of 2


EXHIBIT C


0 t~ ~ O a ~-

O 0

SHORT TITLE: ' CASE NUMBER

ALISON WILSON v. NATURE'S BOUNTY, INC., ET AL.

CIVIL CASE COVER SHEET ADDENDUM AND BC561527

STATEMENT OF LOCATION (CERTIFICATE.OF GROUNDS FOR ASSIGNMENT TO.COURTHOUSE LOCATION)

This form is required pursuant to Local Rule 2.0 In all new civil case filings in the Los Angeles Superior Court.

Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:

JURY TRIAL? OLJ YES CLASS ACTION? ❑ YES LIMITED CASE? ❑ YES TIME ESTIMATED FOR TRIAL 10 ❑ HOURS/ 0 DAYS

Item II. Indicate the correct disteict and courthouse location (4 steps — If you checked "Limited Case", skip to Item 111, Pg. 4):

Step 1: After first completing the Civil Case Cover Sheet form,:find the main Civil Case Cover Sheet heading for your

case in the left margin below, and, to the right in Column A; the Civil Case Cover Sheet case type you selected.

Step 2: Check one Superior Court type of action in Column B below which best describes the nature of this case.

Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have checked: For any exception to the court location, see Local Ruie 2.0.

Applicable Reasons for Choosing Courthouse Location (see Column C below)

1. Class actions must be filed in the Stanley Mosk Courthouse, central district. 6. Location of property or permanently garaged vehicle. 2. May be filed in central (other county, or no bodily Injury/property damage). 7. Location where petltioner resides. 3. Location where cause of action arose. 8. Location wherein defendantlrespondent functions wholly. 4. Location where bodily injury, death or damage occurred. 9. Location where one or more of thea rtles reside. 5. Location where performance required or defendant resides. 10. Location of Labor Commissioner O~ce

Step 4: Fill in the information requested on page 4 in Item 111; complete Item IV. Sign the declaration.

A B C Civil Case Cover Sheet Type of Action Applicable Reasons -

Category No. (Check only one) See Step 3 Above

Auto (22) ❑ A7100 Motor Vehicle - Personal Injury/Property DamagelUUrongful Death 1., 2., 4.

Uninsured Motorist (46) D A7110 Personal Injury/Property Damage/Wrongful Death — Uninsured Motorist 1., 2., 4.

❑ A6070 Asbestos Property Damage 2. Asbestos (04)

❑ A7221 Asbestos - Personal InjuryM/rongful Death 2.

Product Liability (24) ❑ A7260 Product Liability (not asbestos or tdxic(environmental) 1., 2., 3., 4., 8.

❑ A7210 Medical Malpractice - Physicians & Surgeons 1., 4. Medical Malpractice (45)

❑ A7240 Other Professional Health Care Malpractice 1., 4.

❑ A7250 Premises Liability (e.g., slip and fall) Other

Personal Injury ❑ A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., 1 4 Property Damage assault, vandalism, etc.)

Wrongful Death ❑ A7270 Intentional Infliction of Emotional Distress

(23) ❑ A7220 Other Personal Injury/Property DamageNVrongful Death

LACIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Loca1 Rule 2.0 LASc Approved 03-04 AND STATEMENT OF LOCATION Page 1 of 4


c a> E T O G E w

a> n 0 a

a~

A B. C Civil Case Cover Sheet Type of Action Applicable Reasons -


Business Tort (07) © A6029 Other CommerciaUBusiness Tort (not fraud/breach of contract) 1., 3.

Civil Rights (08) ❑ A6005 Civil Rights/Discrimination 1., 2., 3.

Defamation (13) ❑ A6010 Defamation (slander/libel) 1., 2., 3.

Fraud (16) ❑ A6013 Fraud (no contract) 1., 2., 3.

❑ A6017 Legal Malpractice 1., 2., 3. Professional Negligence (25)

❑ A6050 Other Professional Malpractice (not medical or legal) 1., 2., 3.

Other (35) ❑ A6025 Other Non-Personal Injury/Property Damage tort 2.,3.

Wrongful Termination (36) ❑ A6037 Wrongful Termination 1., 2., 3.

❑ A6024 Other Employment Complaint Case 1., 2., 3. Other Employment (15)

❑ A6109 Labor Commissioner Appeals 10.

❑ A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful 2 5

eviction) Breach of Contract/ Warranty 2., 5.

(06) ❑ A6008 ContractNl/arranty Breach -Seller Plaintiff (no fraud/negligence) .

(not insurance) ❑ A6019 Negligent Breach of Contract/Warranty (no fraud)

❑ A6028 Other Breach of ContracWVarranty (not fraud or negligence) 1" ' 2.' 5.

❑ A6002 Collections Case-Seller Plaintiff 2.,.5., 6. Collections (09)

❑ A6012 Other Promissory Note/Collections Case 2., 5. .

Insurance Coverage (18) ❑ A6015 Insurance Coverage (not complex) 1.`, 2., 5., 8.

❑ A6009 Contractual Fraud 1:, 2l, 3.1 5. ..

Other Contract (37) ❑ A6031 Tortious Interference 1., 2.; 1;.5.

❑ A6027 Other Contract Dispute(not breach/insurance/fraud/negligence) 1.; 2:, 3.;.8. .

Eminent Domain/Inverse ❑ A7300 Eminent Domain/Condemnation Number of parcels 2.

Condemnation (14)

Wrongful Eviction (33) ❑ A6023 Wrongful Eviction Case 2., 6. •.

❑ A6018 Mortgage Foreclosure 2., 6.

Other Real Property (26) ❑ A6032 Quiet Title 2.; 6.

❑ A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure) 2., 6. .

Unlawful Detainer-Commercial ❑ A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2., 6.

(31)

)Inlawful Detainer-Residential -'

❑ A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)

.f'Ef e¢..:~ •,r,~7i. : ~~°'~:~ '• 2., 6.:; ° ::.N

(32) ~

Unlawful Detainer- ❑ A6020FUnlawful Detainer-Post-Foreclosure 2., 6.

Post-Foreclosure (34) ;• ,

Unlawful Detainer-Drugs (38) ❑ A6022 Unlawful Detainer Drugs 2.;'6.+F

4:

I

;HORT TITLE: CASE NUMBER


LACIv 109 (Rev. 03/11) CIVIL CASE COVER SI-iEET ADDENDUM LASC Approved 03-04 AND STATEMENT OF LOCATION

Local Rule 2.0 Page 2 of 4

:~1.~:•F' .

✓ %'.:J~ '~ .J•


A B C Civil Case Cover Sheet Type of Action Applicable Reasons -


Asset Forfeiture (05) ❑ A6108 Asset Forfeiture Case 2., 6.

Petition re Arbitration (11) ❑ A6115 Petition to Compel/ConfirmNacate Arbitration 2., 5.

❑ A6151 . Writ - Administrative Mandamus 2., 8.

Writ of Mandate (02) ❑ A6152 Writ - Mandamus on Limited Court Case Mafter 2.

❑ A6153 Writ - Other Limited Court Case Review 2.

Other Judicial Review (39) ❑ A6150 Other Writ /Judicial Review 2., 8.

AntitrusUTrade Regulation (03) ❑ A6003 AntitrustlTrade Regulation 1., 2., 8.

Construction Defect (10) ❑ A6007 Construction Defect 1., 2., 3.

Claims Involving Mass Tort ❑ A6006 Claims Involving Mass Tort 1., 2., 8.

(40)

Securities Litigation (28) ❑ A6035 Securities Litigation Case 1., 2., 8.

Toxic Tort Environmental (30)

❑ A6036 Toxic Tort/Environmental 1., 2., 3., 8.

Insurance Coverage Claims from Complex Case (41)

❑ A6014 Insurance Coverage/Subrogation (complex case only) 1., 2., 5., 8.

❑ A6141 Sister State Judgment 2., 9.

❑ A6160 Abstract of Judgment 2..6.

Enforcement 0 A6107 Confession of Judgment (non-domestic relations) 2., 9.

of Judgment (20) ❑ A6140 Administrative Agency Award (not unpaid taxes) 2., 8.

❑ A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax 2., 8.

❑ A6112 Other Enforcement of Judgment Case 2., 8., 9.

RICO (27) ❑ A6033 Racketeering (RICO) Case 1., 2., 8.

❑ A6030 Declaratory Relief Only 1., 2., 8.

Other Complaints . ❑ A6040 Injunctive Relief Only (not domestic/harassment) 2., 8.

(Not Specified Above) (42) ❑ A6011 Other Commercial Complaint Case (non-tort/non-complex) _ 1., 2., 8.

❑ A6000 Other Civil Complaint (non-tort/non-complex) 1., 2., 8.

Partnership Corporation ❑ A6113 Partnership and Corporate Governance Case 2., 8.

Governance (21)

❑ A6121 Civil Harassment 2., 3., 9.

❑ A6123 Workplace Harassment 2., 3., 9.

❑ A6124 Elder/Dependent Adult Abuse Case 2., 3., 9. • Other Petitions

(Not Specified Above) ❑ A6190 Election Contest 2. (43)

❑ A6110 Petition for Change of Name 2., 7.

❑ A6170 Petition for Relief from Late Claim Law 2., 3., 4., 8.

❑ A6100 Other Civil Petition 2., 9.

3 d .~ m ~ _m U =a 3 ~

a

n U

~

SHORT TITLE: CASE NUMBER '


LAclv 109 (Rev. 03/11) . CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0

L.4SC Approved 03-04 AND STATEMENT OF LOCATION Page 3 of 4

1 1 _ - ---


y

SHORT TITLE: CASE NUMBER .


Item III. Statement of Location: Enter the address of the accident, party's residence or place of business,.performance, or other

circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.

ADDRESS:

REASON: Check the appropriate boxes for the numbers shown 11737 San Vicente Blvd under Column C for the type of action that you have selected for this case.

01. 02. 03. ❑4. E15. 06. 07. 08. 09. 010.

CITY:

STATE: ZIP CODE:

Los Angeles

CA 90049

Item IV. Declaration ofAssignment: I declare under penalty of perjury under the laws of the State of California that the foregoing is true

and correct and that the above-entitled mafter is properly filed for assignment to the Stanley Mosk courthouse in the Central District of the Superior Court of California, County of Los Angeles [Code Civ. Proc., § 392 et seq., and Local

Rule 2.0, subds. (b), (c) and (d)].

Dated: October 22, 2014 (SIGNATURE OF ATTORNEY/FILING PARTY)

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE:

1. Original Complaint or Petition.

2. If filing a Complaint, a completed Summons form for issuance by the Clerk.

3. Civil Case Cover Sheet, Judicial Council form CM-010.

4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 03/11).

5. Payment in full of the filing fee, unless fees have been waived.

6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a minor under 18 years of age will be required by Court in order to issue a summons.

7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along with the summons and complaint, or other initiating pleading in the case.

LACIV 1.09 ;Rev. 03/11) CIVIL CASE COVER SI-IEET ADDENDUM Local Rule 2.0

LASC Appro:ed 03-04 AND STATEMENT OF LOCATION Page 4 of 4


EXHIBIT D


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MILSTEIN ADELMAN LI Y GILLIAN L. WADE, Sare Bar.No. 229124 Allison R. Willett, Stdfe Bar No. 238430 2800 Donald Douglas Loop North Santa MonicA; CA 90405 Telephone: 888/835-8055 Facsimile: 310/396-9635

HALUNEN & ASSOCIATES CLAYTON HALUNEN SUSAN M. COLER MELISSA W. WOLCHANSKY 1650 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Telephone: . 612/605-4098 Facsimi le: 612/605-4099

Attorneys for Plaintiff, Alison Wilson and the Proposed Class

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES BC 5 6 1527 ALISON WILSON, individually and on behalf ) Case No.: of all others similarly situated, )

Plaintiffs, ) V. ) DECLARATION OF GILLIAN L. WADE

) REGARllING VENUE NATURE'S BOUNTY, INC., a New York ) Corporation, NB'1'Y 1NC., a Delaware ) Corporation, and DOES 1-100, Inclusive )

) Defendants. )

) )

) ) ) ) ) ) )

CONFORMED COPY ORIGINAL FILED .

Supeno~ Cou rt ~sr~ ~A es ~

C OCT 2 2, 2014

Sherri R. Carter, Executive OfficerlClerk

By Shaunya Bolden, DeputY

<'I',


~ ,. ;

1 DECLARATION OF GILLIAN L. WADE

2 I, Gillian L. Wade, do hereby declare and state as follows:

3 1. I am a Partner at the Law Offices of Milstein Adelman, LLP, counsel of record for

4 Plaintiff Alison Wilson, and arri licensed to practice before all courts in the State of Califomia. I

5 have personal knowledge of all of the facts stated herein, and if called to testify as a witness, I could

6 and would competently testify to them.

7 2. This Court is proper for trial of this action because Defendants are doing business .

8 in Los Angeles County and the transaction at issue occurred in Los Angeles County.

9

10 1 declare and state under the penalty of perjury under the laws of the State of California

1 1 that the foregoing is true and correct. Executed on October 22, 2014 at Santa Monica, California. 12

13 ~ W r ► y ~J

14 Gillian L. Wade, Declara t

15

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EXHIBIT E


("t:.r.. 1 {~~

f i

SUMMONS co0M..,~,~4 (CITACION JUDICIAL) Superior Court ot cahn~ rs Countv nf Los An^- •

NOTICE TO DEFENDANT: (AVJSO AL DEMANDADO): QCT 2 2 ZW4

NATURE'S BOUNTY, INC., a New York Corporation, NBTY INC., a ~efri R. Carter, Execuu~~'Jttir.erlClerk Delaware Corporation, and DOBS 1-25$, Inclusive a(3olde!~. °-1e!~uty

YOU ARE BEING SUED BY PLAINTIFF~OD By Shauny

(LO ESTiA DEMANDANDO EL DEMANDANTE):

ALISON WILSON, individually and on behalf of all others similarly situated,

NOTICE! You have been sued. The court may decide against you without your being heard un!ess you respond within 30 days. Read the information be!ow.

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to fi!e a written response at this court and have a copy served on the p!aintiff. A letter or phone call will not protect you. Your written response must be in proper legal forrn if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-He!p Center (www.courtinfo.ca.gov/selfhelp), your county !aw library, or the courthouse nearest you. If you cannot pay the fi!ing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may !ose the case by defau!t, and your wages, money, and property may be taken without further warning from the court.

There are other !egal requirements. You may want to call an attorney right away. If you do not know an aftorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be e!igib!e for free legal services from a nonprofit legal senrices program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifomia.org), the California Courts On!ine Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. IAV1S01 Lo han demandado. Si no responde dentro de 30 dias, fa corte puede decidir en su contra sin escuchar su versibn. Lea /a informacibn a continuacidn.

Tiene 30 DfAS DE CALENDARIO despuds de que le entreguen esta citacidn y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una flamada telefbnica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mSs informacidn en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o en la corte que le quede mas cerca. Si no puede pagar la cuota de presentacidn, pida al secretario de fa oorte que le de un formulario de exenci6n de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podr8 quitar su sueldo, dinero y bienes sin mBs advertencla.

Nay otros requisitos legales. Es recomendable que flame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisidn a abogados. Si no puede pagar a un abogado, es posible que cvmpla con /os requisitos para obtener servicfos legales gratuftos de un programa de servicios legales sin fines de fucro. Puede encontrar estos grupos sin rrnes de lucro en el sitio web de California Legal Services, (www.lawhe!pca!ifornia.org), en el Centro de Ayuda de las Corfes de Califomia, (www.sucorte.ca.gov) o poniendose en contacto con la corte o el colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los cdstos exentos por imponer un gravamen sobre cualquierrecuperacidn de $ 10,000 d mas de valor recibida mediante un acuerdo o una concesibn de arbitraie en un caso de derecho civil. Tiene pue pagar el gravamen de ta corte anles de que la corte pueda desechar el caso.

The name and address of the court is: I cASE NUMaER:

(EI nombre y direccibn de la corte es): I Stanley Mosk Courthouse (NumerooelCaso). ~2 t j

111 North Hill Street, 0 Los Angeles, CA 90012

The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (EI nombre, la direccidn y el nirmero de telefono del abogado del demandante, o del demandante que no tiene abogado, es):

Gillian L. Wade/Allison R. Willett 00 Donald Douglas Loop N., Santa Monica, CA 90405 T: 310-396-9600

DATE: D~S( C~ k, by r~~/~ Deputy

(Fecha (S~t,~ario) (Adjunto)

(For proof of service of this summons, use Proof of Service of Summons (fd/i4POS-010).)

(Para prueba de entrega de esta citation use el formulario Proof of Service of S rons, (POS-010)).

NOTICE TO THE PERSON SERVED: You are ser~i (SEAL!

1. 0 as an individual defendant. 2. 0 as the person sued under the fictitious name of (specify):

3. = on beha!f of (specify):

under: 0 CCP 416.10 (corporation) 0 CCP 416.60 (minor)

~ CCP 416.20 (defunct corporation) CJ CCP 416.70 (conservatee)

~ CCP 416.40 (association or partnership) 0 CCP 416.90 (authorized person)

0 other (specify):

4. 0 by personal de!ivery on (date):

Porm Adepted for Mandatory Use SUM MONS Code or Civil Procedure §§ 412 20.465 Judicial Countil o1 Caldania .vw.coudinro.ca gov

SUFA-100 tRev. July 1• 200E) '


EXHIBIT F


SUPERIOR COURT OF CALIFORNIA, COIJNTY OF LOS ANGELES NOTICE OF CASE ASSIGNMENT — CLASS ACTION CASES

Case Number

THIS FORM IS TO BE SERVED W1TH THE SUMMONS AND COMPLAINT Your case is assianed for all nurnoses to the iudicial officer indicated below (Local Rule 3.3(c)).

ASSIGNED JUDGE DEPT ROOM

Judge Elihu M. Berle 323 1707

Judge William F. Highberger 322 1702

Judge John Shepard Wiley, Jr. 311 1408

Judge Kenneth Freeman 310 1412

Judge Jane Johnson 30 1415

Judge Amy D. Hogue 307 1402

OTHER

BC561527

Instructions for handling Class Action Civil Cases The following critical provisions of the Chapter Three Rules, as applicable in the Central District, are summarized for your assistance.

APPLICATION The Chapter.Three Rules were effective January 1, 1994. They apply to all general civil cases.

PRIORITY OVER OTHER RULES The Chapter Three Rules shall have priority over all other Local Rules to the extent the others are inconsistent.

CHALLENGE TO ASSIGNED JUDGE A challenge under Code of Civil Procedure section 170.6 must be made within 15 days after notice of assignment for all purposes to a judge, or if a party has not yet appeared, within 15 days of the ftrst appearance.

TIME STANDARDS Cases assigned to the Individual Calendaring Court will be subject to processing under the following time standards:

COMPLAINTS: All complaints shall be served within 60 days of filing and proof of service shall be filed within 90 days of filing.

CROSS-COMPLAINTS: Without leave of court first being obtained, no cross-complaint may be filed by any party after their answer is filed. Cross-complaints shall be served within 30 days of the filing date and a proof of service filed within 60 days of the filing date.

A Status Conference will be scheduled by the assigned Independent Calendar Judge no later than 270 days after the filirig of the complaint. Counsel must be fully prepared to discuss the following issues: alternative dispute resolution, bifurcation, settlerrient, trial date, and expert witnesses.

FINAL STATUS CONFERENCE The Court will require the parties at a status conference not more than 10 days_before the trial to have timely filed and served.all motions in limine, bifurcation motions, statements of major evidentiary issues, dispositive motions, requested jury instructions, and speciai jury instructions and special jury verdicts. These matters may be heard and resolved at this confererice. At least 5 days before this conference, counsel must also have exchanged lists of exhibits and witnesses and have submitted to the court a brief statement of the case to be read to the jury panel as required by Chapter Eight of the Los Angeles Superior Court Rules.

SANCTIONS The court will impose appropriate sanctions for the failure or refusal to comply with Chapter Three Rules, orders made by the Court, and time standards or deadlines established by the Court or by the Chapter Three Rules. Such sanctions may be on a party or if appropriate on counsel for the party.

This is not a complete delineation of the Chapter Three Rules, and adherence only to the above provisions is therefore not a guarantee against the imposition of sanctions under Trial Court Delay Reduction. Careful reading and compliance with the actual Chapter Rules is absolutely imperative.

Given to the Plaintiff/Cross-Complainant/Attorney of Record on SHERRI R. C~~R, Executive Officer/Clerk ~ Ot4 yq

LACIV CCW 190 (Rev09/13) e LASC Approved 05-06 By ~~®~.. _, Deputy CIerk For Optical Use


EXHIBIT G


superlot Court of Caiffomla County of Los Anootes

I~

W.i iaiwco~~tv Har AsaaetsUon Ll.tigaflon $ectlon •

Los Ansefes County Sar A9sodaUon L.abor and Employment Law Sec6on ~

~q :.x

iYjiUil~qp

VI 1 yi ~1Rtdt1

Consumer Attornsys ' Association of t.os Anpeles

~. ,.... . .. 8outfu~rn caitfornla Oofinse Counsel

Assoclatlon of Busln"s 7rlal Lavyyers

v

VOLUNTARY EFFICIENT L1TIGATION STIPULATIONS

The Early Organizational Meeting Stipuiation, piscovery

Resolution Stipulation, and Motions in Limine Stipulation are

voluntary stipulations entered into by the parties. The parties

may enter into one, two, or all three of the stipulations;

however, they rnay not. aiter the stiputations as written,

because the Court wants to ensure uniformity of application.

These stipulations are meant to encourage cooperation

between the parties and to assist in .resolving issues .in a

manner that promotes economic case resolution and judicial

efficiency.

The following organlzations endorse the goa/ of

promoting efficiency in Iitigation and ask that counsel

consider using these stipulations as a votuntary way to

promote communicafions and procedures 'among counsel

and with the court to fairly reso/ve issues in their cases.

♦Los Angeles County Bar Association Litigation Section♦

~ LoS Angeles County Bar Association

Labor and Employment Law Section*

♦Consumer Attorneys Association of. Los Angeles♦

*Southern Californla Defense Counsel*

*Association of Buslness Triai Lawyers+

♦Califomia Employment Lawyers Association♦

~ ,


,

'•,' } . ,

NAMEAIDAODRE63.OrATTOANEYORVARIYWRM0t1fATTORNEY: . . iTATEBMINWYER

TELEPHONE NO_- FAX No. (OpllonaQ: E-MAIL ADDRE9S (Opeonan:

"ATTORNEY FOR Nsiite :

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES niule~nuce inneeec. . . . . . . . . . . . . . . . . . . .

STIPULATION — EARLY ORGANIZATIONAL MEETING

This stipulation Is Inteinded to encourage cooperation among the parties at an early stage In the Iitigation and to assist the parties In efliclent case resolution.

The parties agree that:

1. The parties commtt to conduct an initial conferencie (in-person or via taleconference or via videoconference) wtthin 15 days from the date this stipulation is signed, to discuss and consider whether there can be agreomeni on the followinp:

a. Are motions to chailenge the pleadings necessary? If the Issue can be resolved by amendment as of right, o'r If the Court wouid aliow leave to amend, coutd an amended complaint resotve most or all of the issues a demurrer might otherwise ralse? if so, the partles agree to work through pleading Issue,.s so that a demurrer need only raise issues they cannot reso►ve. !s the issue that the defendant seeks to raise amenable to resolution on demurrer, or wouid some other type of motion be preferable? Couid, a voiuntary targeted exchange of documents or information by any party cure an uncertainty in the pieadings?

b. Initial mutuai exchanges of documents at the "core" of the litigation. (For example, in an empioyment case, the empioyment records, personnel fiile and documents relating to the conduct in question couid be considered "core." In a personal injury case, an Inclde nt or police. report, medical records, and repair or malntenance records could be considered "core .");

c. Exchange of names and contact tnformation of wttnesses;

d. Any insurance agreement that may be avaNabte to satls.fy part or ail of a judgment, or to ~indemnify or reimburse for payments made to satisfy a Judgment;

e. Exchange of any other information that might be heipful to facilitate understanding, handling, .. or resoiution of the case in a manner that preserves objections or prlvilepes by agreement;

f. Controlling issues of law that, if resolved eariy, wVi promote efflclency and economy In other phases of the case. Also, when and how such 1 ssues can be presented to the Court;

g. Whether or -when the case shoukf be scheduled with a setdement offlcer, what discovery or caurt ruli~g on legal is.sues is reasonably n3quired to meke setttement discussions meaningful, and whet~e. r the parttes wish to use a sittlng jud8e or a private mediator or other optioris as

~~~ ~~~ STIPULATION - EARLY ORt3ANiZATIONAL MEETINfv3 P,s, I ofz


discussed fn the '"Alternative• Dispute Resolution (ADR) Information Package" served with the compiaint;

h.. Com,putation of damages, including documents not privileged or protected from disclosure, on which such computation Is based;

i. VI(hether the case is suitabie for the Expedited Jury Trial procedures (see information at iHww fasuneriorcourt.ora under "Civil" and then under "General Information").

2. 'The time for a defending party to respond to a complaint or cross-complaint will be extended to 7 for the complaint, and for the cross-

,QNSEAT DATE7 (IN 9ERT DAT6)

complaint, which is comprised of the 30 days to respond under Government Code § 68616(b), and the 30 days permitted by Code of. Civil Procedure section 1054(a), good cause having been found by the Civil Supervising Judg~e due to the case manaaement bene,fits provided by this Stipulatton.

3. The partles Wiil prepare a Joint report titled "Joint Status Report Pursuant to Initlal Conference . and Early Organizational Meeting Stipulation, and if desired, a proposed order summadzing results of their meet and confer and advising the Court of any way It may assist the partles' e(ficient conduct or resolutlon of the case. The patties shall attach the Joint Status Report to the Case Management Conference statement, and flle the documents when the CMC statement is due.

4. Referen(;es to "days" mean calendar days, unless otherwise noted. If the date for performing any act pursuant to this stipulation falis on a Satuniay. Sunday or Court holiday, then the time for performing that act shall be extended to the nextCourt day

The following parUes stipulate:

Date:

~ .

(IYPE OR PRINT NAME) (ATTORNEY FOR PLAINTIFF) l7ate:

(TYPE OR PRINT NAME) Date:


(IYPE pR PRINT NAME)

Oate:



(TYPE OR PRINT (VAME)

: (ATTORNEY FOR DEFENDANn

D (ATTORNEY FOR DEFENDANT)

➢

(ATTORNEY FOR DEFENDANn

D (ATTORN FOR )

D • (ATTORNEY FOR )

D (ATTORNEY FOR )

~~~~11 STIPULATION —EARLY ORGANIZATIONAL MEETING P&PZaz


W1MQAlOADORfi59OFATi@WEYORPARTYVrttMWfAT100NEY: . . • . 6iAlBd1RNUMLER . . ~ . .

TELEPHONE NO.: FAXNO. (OpUonaiy E-MAIL ADDRESS (OpUonal):

&TTgM FOR tNamt,

.'Ru.ndtrpuY~ReSt~q .

'

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES COURTHOUSE ADDRESS:

PIAINTIFF:

DEFENDJINT:

STiPULATION — DISCOVERY RESOLUTION NUMBEtt

Thls stipulatfon is Intended to provlde a fast and lnformel resotution of discove.ry lssues through limited paperwork and an lnformal conference with the Court to aid in the resotution of the issues.


1. Prior to the discovery cut-off in this action. no discovery motion shall be filed or heard uniess the mov'ing party tirst makes a written request for an Informal Discovery Conference pursuant to the terms of this stipulation.

2. At the Informai Discovery Conference the Court will consider the dispute presented by parties and detemnine whether it can be resotved informally. Nothing set forth herein will.prectude a party from making a record at the conciusion of an Informal Discovery Conference, either oratly or in writing.

3. Following a reasonable and good faith attempt at an informal resoiution of each Issue to.be presented, a party may request an Informa! Discovery Conference pursuant to the foiiowing procedures:

a. 'The party requesting the Informal Disaovery Conference wiil:

i. Fite a Request for informal Discovery Conference with the derk's office on the approved fornn (copy attached) and deliver a courtesy, conformed 'copy to the assigned department;

ii. Include a brief summary of the dtspute and specify the relief requested; and

iii. Serve .the opposing party pursuant to any authorited or agreed method of service that ensures that the opposing party i!eceives the Request for Informai Discovery -Conference no later than the next couit day foilowing the filing.

b. Any Answer to a Request for Infomial Discovery Conference must:

1. Aiso be flled on the approved form (copy attached);

ii. Include a brfief summary of why the requested relief shouid be denied;

~~~ 04M 1 STIPULATION — DISCOVERY RESOLUTION p,o, 1oF3


SqDRTiRI!• ~ ~ . . . ~ . . . , . . . ~ . . . . . . . ~ . . . CA8[N14lER

iii. Be fiied within two (2) court days of receipt of the Request; and

iv. Be served on the opposing party pursuant to any authorized or agreed upon method of senince that onsures that the opposing party receives the Answer no later than the next court day foliow(ng the filing.

c. No other, pleadings, including but not (imited to exhibits, deciarations, or attachments, will be accepted.

d. if the Court has not granted or denied the Raquest for Informat Discovery Conference witnin ten (10) days foitowing the fiiing of the Request, then'~t shali be deemed to have 'been denied. If the Court acts on the Request, the parties will be notified whether the Request for Irtf.orrnat Discovery Conference has been granted or denied and, if granted, t ti he date and me'of the informai Discovery Conference, which rnust be within twenty (20) days of the filing of the Request for Informai Discovery Conference.

e. If the conference is not held within twenty (20) days of the filing of the Request for Informal Discovery Conference, unless extended by agreement of the parties and the Court, then the Reque$t for the Informal Discovery Conferenee shail be deemed to have been denied at that time.

4. If (a) the Court has denied. a conference or (b) one of the time deadlines above has expired w(thout the Coutt having acted or (o) the Infomnai Discovery Conference is concluded wtthout resoiving the dispute, then a party rnay file a discovery motion to address unreso(ved issues.

5. The parties hereby further agree that the tjme for making a motion to compel or other discovery motion is tolled from_ the date of filing of the Request for Informal Discovery Conference untiF (a) the request is dented or deemed denied or (b) twenty (20) days after the filing of the.Request for informai Discovery Conferencq, whichever is earlier, unless extended by Order of the Court.

it is the understanding and intent of the parties that this stipulation shall, for each discovery dispute to which It applies, constitute a writing memorializing a"specific later date to which the propounding [or demanding or requesting] patty and the responding party have agreed in writing," within the meantng of Code Civil Procedure sections 2030.300(c), 2031.320(c), and 2033.290(c).

6. Nothing herein will preciude any party from applying ex parte for appropriate relief, induding an onier shortening time for a motion to be heafd conceming discavery.

7. Any party may terminate this stipuiation tiy giving twenty-one (21) days notice of intent to terminate the stipulation.

8. References to "days" tnean calendar days, unless otherwise noted. if the date for performing any act pursuant to this stipulation fails on a Saturday, Sunday or Court hoiiday, then the time for performing that act shail be extended to the next Court day.

ry°36 t"""i STIPULA"t'ION — DISCOVERY RESOLUTION uasc~owaan~ Pas.zaa


. , WlNWK4 . . . . .

The following partte$ stipulate:

Date:

(TYPE OR PRWT NAME) '

Date:

(TYPE OR PRINT NAME)

Date:

(TYPEOR PRINT NAME)

Date:


Date:

(TYAE OR PRINT NAlAE)

Date:


Date:

(TYPE OR PRINT NAAAE)

I: (ATTORNEYFOR P4AINTIFF)

➢ (ATTORNEY FOR DEFENDANT)

➢ (ATTORNEY FOR DEFENDANT)

. . ➢

(ATTORNEY FOR DEFENDANT)

D (ATTORNEY FOR^ 1

D (ATTORNEY FOii 1

➢ . (ATTORNEY FOR 1

~~~ Wil ' STIPULATION - DlSCOVERY RESOLUTION P,n, 3 a9


IAMEAtOACDRlSOOPATfORNEYORPARTfWIMOUTATTORNEY: . . 6TAlElAR/MAIlER . . . RuMA6rcYif'6FMtYni .

TELEPHONE NO.: FAX NO. (OpUonal): E-MAO. ADDRESS (OpOonaq:

ATTORNEYFOR Nsma.

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES COURTHOtI E ADORES9:

PUIINTIFF:

DEFENDJWT:

` IN0.ORMAL DISCOVERY CONFERENCE (pursuant to the Ulscove Resolution Sti ulation of the rtles

7. 1 his document rela[es to: ❑ Request for Informal Discovery Conference ❑ Answer ta Request for Informal Discovery Conference

2. Deadline for Court to decide on Request: (inert dats 10 cala,dar days fonowag niFna'or Rre Request).

3. Deadilne for Court to hold Informal Discovery Conference: (insed date 20 calendar days faluwlnO " orUte Requesq.

4. For a Request for Informal Discovery Conference, briefly describe the nature of the discovery dispute, Including the .facts and legal arguments at issue. For an Answer to Request for Informal Discovery Conferent:q, briefly describe why the Court shouid deny the requested discovery, including the facts and legal arguments at tssue.

LACV 094 (""") INFORQ LAW APPMVW 04n I (purSuant to tFls

ResoluNon Stipulatlon of ihe partles)


lY1MEMDAODRl6EOFAT70RNEYOR?ARIYWRHOUfATT01WEY: ~ . . . . . eTATEBMMUIU6R .. - . . ..:H~riwCWCWY~iMSWy • .

TELEPHONE NO.: FAX No. (Opttonal): E-MAII. ADDRESS (Opllonal):

ATTORNEY FOR sme

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES COUR7HOUSEADDRESS

PLAINTIFF'

DEFENOANT:

. • . NIJbIBEH: •

STIPULATION AND ORDER — MOTIONS IN LIMINE

This stipulation Is intended to provide fast and informal resolution of evidentlary issues through dillgent efforts to define and discuss such tssues and limit paperwork.


1. At least days before the final status conference. -each party wtit.provide ali other parties with a list containing a one paragraph explanation of each proposed motion in limine. Each one paragraph explanation must ldentify the substance of a single proposed motion in limine and thegrounds for the proposed motion.

2. The parties thereafter will meet and confer, either In person or yia. teleconference or videoconference, ooncerning all proposed motions in limine. in that meet and confer, the parties wiil determine:

a. Whether the partles can stipuiate to any of the proposed motions. If the parties so stipulate, they may file a stipulation and proposed order wlth the Court.

b. Whether any of the proposed motions can be briefed and submitted by means of a short joint statement of issues. For each motlon which can be addressed by a short joint statement of issues, a short joint statement of issues must be flled with the Court 10 days prior to ,the flnal status conference. Each side's porGon of the shQrt joint statemerit of issues may not exceed three pages. `The parties will meet and confer to agree on a date and manner for exchanging the parties' respective por~ons of the ~short jo(nt statement of lssues and the process for filing the short joint statement of issues.

3. All proposed motions in limine that are not either the $ubject of a stipulation or briefed via a short joint statement of issues will be briefed and f'iled in acconiance with the Calffomia Rules of Court and the L'os Angetes :Superior Court Rules.

LACry 076 1'"'"'1 STIPULATION AND ORDER — MOTIONS IN LIMINE U►SC App~owd ONI I Pop 1012


~. . . • •

CJ1!lIMAIBER

The foilowing parties stipulate: .

Date:


(TYPE OR PRINT NAME) Date•

(TYPE OR PRlNT NAME) Date:

(T.YPE OR PRINT NAME)

Date:




THE COURT SO ORDERS.

Date:

: (ATTORNEY FOR PLAINTIFF)



D

(ATTORNEY FOR DEFENDANT)

D (ATTORNEY FOR 1

➢ (ATTORNEY FOR 1

➢

"(ATTORNEY FOR 1

JUDICWL OFFICER

tAcNo7s("'"') STIPULATION AND ORDER—MOTIONS IN LIMINE usc APvrov.a a~i ~ Pao. Z d s.


EXHIBIT H


C.

MILSTEIN ADELMAN LLP I GILLIAN L. WADE, Sate Bar No. 229124

Allison R. Willett, State Bar No. 238430 2 2800 Donald Douglas Loop North

Santa Monica, CA 90405 Telephone: 888/835-8055

4 Facsimile: 310/396-9635

5 HALUNEN & ASSOCIATES CLAYTON HALUNEN

6 SUSAN M.COLER MELISSA W. WOLCHAN SKY 1650 IDS Center

8 80 South Eighth Street Minneapolis, MN 55402

9 Telephone: 612/605-4098 Facsimile: 612/605-4099

Attorneys/or Plaintf/ Alison Wilson and the Proposed Class

12 SUPERIOR COURT FOR THE STATE OF CALIFORNIA

13 FOR THE COUNTY OF LOS ANGELES

ALISON WILSON, individually and on behalf) Case No.: BC561527 of all others similarly situated,

)

16 )

(A ssigned for all purposes to the Honorable Plaintiffs, Amy D. Hogue, Dept. 307)

17 V.

)

18 NATURE’S BOUNTY, INC., a New York ) CLASS ACTION Corporation NBTY INC. a Delaware )

19 orpora ion, an - Inclusive Corporation, d DOES 1 100 1 ) NOTICE OF COURT ORDERON COMPLEX DESIGNATION AND

LU ç Defendants.

’

INITIAL STATUS CONFERENCE ORDER

21 )

22

23

24 )

25

26

27

28 NOTICE OF COURT ORDER ON COMPLEX DESIGNATION

AND INITIAL STATUS CONFERENCE ORDER


’II TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT on November 7, 2014, the Honorable Amy D. Hogue in

Department 307 of the above-referenced Court made its determination that the case Alison

Wilson v. Nature ’s Bounty, Inc. ci al. (Case No. BC561 527) is designated complex.

Attached hereto as Exhibit A is a true and correct copy of the November 7, 2014 Court

Order

Attached hereto also as Exhibit B is a true and correct copy the Court’s initial Status

Conference Order. Plaintiff is ordered to give notice.

ic

11

12

13

iLl

15

liE

1

ic

2C

21

2

2

2

Dated: November 14, 2014 Respectfully submitted,

MILSTEIN ADELMAN LLP GILLIAN L. WADE ALLISON R. WILLETT 2800 Donald Douglas Loop North Santa Monica, CA 90405 Telephone: 888/835-8055 Facsimile: 310/396-9635

HALUNEN & ASSOCIATES CLAYTON HALUNEN SUSAN M. COLER MELISSA W. WOLCHANSKY 1650 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Telephone: 612/605-4098 Facsimile: 612/605-4099

NOTICE OF COURT ORDER ON COMPLEX DESIGNATION AND INITIAL STATUS CONFERENCE ORDER


Ia v I 5wL 61113"m


SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

DATE: 11/07/14

HONORABLE AMY D. HOGUE

HONORABLE

16 T. MASSAROTTI, C.A

JUDGE

JUDGE PRO TEM

Deputy Sheriff

M. CERVANTES

NONE

DEPT. 307

DEPUTY CLERK

ELECTRONIC RECORDING MONITOR

Reporter

BC561527 Plaintiff

Counsel ALISON WILSON

Defendant VS Counsel

NATURES BOUNTY INC ET AL NO APPEARANCES

NATURE OF PROCEEDINGS:

COURT ORDER REGARDING NEWLY FILED CLASS ACTION

By this order, the Court determines this case to be Complex according to Rule 3.400 of the California Rules of Court. The Clerks Office has randomly assigned this case to this department for all purposes.

By this order, the Court stays the case, except for service of the Summons and Complaint. The stay continues at least until the Initial Status Conference. Initial Status Conference is set for January 12, 2015, at 3:00 p.m. in Department 307. At least 10 days prior to the Initial Status Conference, counsel for all parties must discuss the issues set forth in the Initial Status Conference Order issued this date. The Initial Status Conference Order is to help the Court and the parties manage this complex case by developing an orderly schedule for briefing, discovery, and court hearings. The parties are informally encouraged to exchange documents and information as may be useful for case evaluation.

Responsive pleadings shall not be filed until further Order of the Court. Parties must file a Notice of Appearance in lieu of an Answer or other responsive pleading. The filing of a Notice of Appearance shall. not constitute a waiver of any substantive or procedural challenge to the Complaint. Nothing in this order stays the time for filing an Affidavit of

MINUTES ENTERED Page 1 of 3 DEPT. 307 11/07/14

COUNTY CLERK


SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

DATE: 11/07/14 DEPT. 307

HONORABLE AMY D. ROGUE JUDGE M. CERVANTES DEPUTY CLERK

HONORABLE JUDGE PRO TEM ELECTRONIC RECORDING MONITOR 16

T. MASSAROTTI, C .A. Deputy Sheriff I NONE Reporter

3C561527 Plaintiff Counsel

ALISON WILSON Defendant

VS Counsel NATURES BOUNTY INC ET AL NO APPEARANCES

NATURE OF PROCEEDINGS:

Prejudice pursuant to Code of Civil Procedure Section 170.6.

Counsel are directed to access the following link for information on procedures in the Complex Litigation Program courtrooms:

http: //courtnet/internet/civil/UI/ ToolsForLitigators2 . aspx

According to Government Code Section 70616 subdivisions (a) and (b), each party shall pay a fee of $1,000.00 to the Los Angeles Superior Court within 10 calendar days from this date.

The plaintiff must serve a copy of this minute order and the attached Initial Status Conference Order on all parties forthwith and file a Proof of Service in this department within seven days of service.

CLERK’S CERTIFICATE OF MAILING

I, the below-named Executive Officer/Clerk of the above-entitled court, do hereby certify that I am not a party to the cause herein, and that on this date I served the Minute Order and Initial Status Conference Order Complex Cases and Class Actions upon each party or counsel named below by placing the document for collection and mailing so as to cause it to be deposited in the United States mail

MINUTES ENTERED1 Page 2 of 3 DEPT. 307 11/07/14

COUNTY CLERK


SUPERIOR COURT, OF CALIFORNIA, COUNTY OF LOS ANGELES

DATE: 11/07/14

HONORABLE AMY U. HOGUE JUDGE1

HONORABLE JUDGE PRO TEM

16 T. MASSAROTTI, C.A: Deputy Sheriff

M. CERVANTES

NONE

DEPT. 307

DEPUTY CLERK

ELECTRONIC RECORDING MONITOR

Reporter

BC561527 Plaintiff

Counsel

ALISON WILSON Defendant

VS Counsel

NATURES BOUNTY INC ET AL NO APPEARANCES

ATURE OF PROCEEDINGS:

Lt the courthouse in Los Angeles, a1ifornia, one copy of the original filed/entered ierein in a separate sealed envelope to each address is shown below with the postage thereon fully prepaid, ,n accordance with standard court practices.

lated: November 7, 2014

herri R. Carter, Executive Officer/Clerk

M. Cervantes, Deputy Clerk

IILSTEIN ADELMAN LLP illian L. Wade 800 Donald Douglas Loop North anta Monica, CA 90405

MINUTES ENTERED1 Page 3 of 3 DEPT. 307 11/07/14

COUNTY CLERK


I - ivkl I mol


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(OOR!ED COPY

NOV 072014

rer, Excutive DDcer/Cek 5: MLa Cervantes 0epuy

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

E-service provider:____________

This case has been assigned, for all purposes, to the Complex Litigation

Program, Department 307, Central Civil West Courthouse (600 S. Commonwealth Ave.

Los Angeles, CA 90005), Judge Amy D. Hogue, presiding. Extensive information abou

Department 307 is posted on the Court’s website, www.lacourt.org (’information about

courtroom").

I. Immediate Stay in Proceedings to Facilitate Case Management

The Court entirely stays all proceedings, including motions and discovery,

pending further order of the Court. The stay precludes defendants from filing answers,

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ALISON WILSON,

Plaintiff,

vs.

NATURE’S BOUNTY, INC., et a].,

Defendant

Case No.: BC561527

INITIAL STATUS CONFERENCE ORDEF COMPLEX CASES AND CLASS ACTIONS

Dept. 307 Central Civil West Judge Amy D. Hogue,

ISC ORDER 1


1 demurrers, motions to strike, and motions challenging the jurisdiction of the Court. It

2 also stays all parties’ obligations to respond to any discovery promulgated in the case to

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date.

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The Court orders each as yet non-appearing defendant to fife a Notice of

6 Appearance (identifying counsel by name, firm name, address, email address,

7 telephone number and fax number). The filing of a Notice of Appearance is without

8 prejudice to (a) any jurisdictional, substantive or procedural challenge to the Complaint,

9 (b) any affirmative defense, and (c) the filing of any cross-complaint in this action.

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The Court further orders that future stays imposed in this action for purposes of

12 managing the case, including stays of discovery, do not affect the five year period in

13 which cases shall be brought to trial under Code of Civil Procedure Section 583.310

14 unless and until the parties otherwise so stipulate in accordance with Section 583.330.

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Notwithstanding the stay order, the Court encourages the parties to make

17 informal disclosures to facilitate early evaluation of the case. The Court’s stay order

18 does not preclude informal exchanges of documents and information among counsel.

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H. Initial Status Conference 20

21 The Court orders counsel for all parties to appear in Department 307 for an Initial

22 Status Conference ("ISC") on January 12, 2015, at 3:00 p.m. At the ISC, the Court will

23 discuss case management and invite the parties to propose procedures to enhance

24 efficiency and avoid duplicative or unnecessary expenditures of time. The Court is

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ISC ORDER - 2


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particularly interested in making early decisions on any threshold or potentially

dispositive issues as a means of enhancing the parties’ ability to assess the case.

A. Counsel Must Meet and Confer and File Joint ISC Statement

At least 15 days prior to the ISC, all counsel must meet together, IN PERSON, to

discuss case management.’ The Court orders Plaintiff’s counsel to take the lead in

preparing a joint ISO Statement and ensuring that it is filed with the court at least five

Court days prior to the ISO. The ISC Statement should begin with a brief description of

the case and attach a service list (identifying all counsel, email addresses, telephone

numbers, and fax numbers). It should also jointly address the matters listed below. To

the extent the parties are unable to agree on a joint submission, each party may

separately present a brief statement of its position.

1. Any basis for the Court’s recusal or disqualification.

2. Whether the action incorrectly identifies the name of any party and whether

Plaintiff(s) intend to add parties.

3. Counsels’ joint recommendation for an eservice provider for inclusion in the

Court’s order for initiation of e-service. All parties appearing in Department 307

must employ an e-service provider. Please note that to file a document in

court, a party must physically deliver a copy to the courtroom (or fax file);

the Court has no e-filing technology. The parties shall identify the appointed

1 If the travel time for an in-person meeting exceeds 90 minutes, counsel may participate by telephone provided that they use any reasonably available technology allowing face-to-face communication.

ISC ORDER - 3


e-service provider in the caption of each filing as indicated in the caption of this 1

Order. 2

4, Any issues of jurisdiction, venue, contractual arbitration/judicial reference that

any party intends to raise.

5. A brief description of any related cases pending in other courts or anticipated for

6 future filing.

6. Whether or not there is insurance coverage for this dispute and the extent of

8 coverage for liability and/or defense costs.

7. A succinct description of key factual and legal issues in the case to alert the

10 Court to likely proceedings and disputes, e.g., important contractual provisions,

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statutes, regulations, and affirmative defenses. In class actions, counsel should 12

address issues such as an agreement to share the cost of class notice/opt out 13

14 procedures, the adequacy of class representatives, conflicts of interest among

class representatives, and contractual arbitration provisions affecting the Court’s

16 jurisdiction.

17 8. Any grounds for challenging the pleadings or the court’s jurisdiction (demurrers,

18 motions for judgment on the pleadings, motions to strike, etc.) and the outcome

19 of the parties’ efforts to resolve the dispute informally by, for example, voluntary

20 amendment of the pleadings, stipulation to binding arbitration, etc.

21 9. A plan to preserve evidence, to deploy a uniform system for identification of

22 documents, and to protect confidentiality by, for example, executing a protective

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order using the form posted on the Court’s website. 24

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ISC ORDER - 4


10.A detailed and optimally efficient discovery plan reflecting the parties’ 1

2 consideration of phased discovery, e.g. limiting initial discovery to a significant of

3 dispositive issue as a predicate to an important early ruling or meaningful

4 participation in an early mediation. In class actions, the parties should address

s whether the Court should initially limit discovery to class certification issues.

6 11 .A plan for electronic discovery. Where appropriate, the parties should outline a

process for managing discovery of electronically stored information by, for

8 example, scheduling a meeting among counsel and the parties’ IT consultants in

order to address (1 the information management systems employed by the

10 parties; (2) the location and custodians of information that is likely to be subject

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to production (including the identification of network and email servers and hard 12

drives maintained by target custodians); (3) the format in which electronically 13

stored information will be produced; (4) the type of ESI that will be produced, i.e., 14

15 data files, emails, etc.; and (5) appropriate search criteria for focused requests.

16 12.A stipulation to resolve discovery disputes by:

17 i. i). Agreeing to meet and confer IN PERSON (after exchanging

18 correspondence articulating each side’s position) in an effort to

19 narrow the issues in dispute;

20 ii. ii) Extending deadlines for filing motions to compel in favor of jointly

21 scheduling an informal discovery conference with the Court in an

22 effort to achieve a mediated solution ;2

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2The Court is readily available to confer with the parties on short notice to resolve discovery

25 disputes and otherwise facilitate progress in the case. The Court’s preferred method of participating is described in the information about Department 307 posted on the Courts website, www.lacourt.org .

ISC ORDER - 5


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iii. iii) Structuring discovery motions as joint statements presenting

2 each side’s position on jointly identified issues.

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13. An ADR plan that identifies the mechanism and the timing of mediation and/or 4

5 mandatory settlement conferences.

6 14 Recommended dates and times for trial, filing of motions for class certification,

7 ADR, and deadlines (and proposed briefing schedules) for filing other anticipated

8 motions.

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15.A recommended date for the next Status Conference. At least five days prior

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to each status conference, the parties must submit a joint Status

11 Conference Report recounting the nature of the case and describing the

12 parties’ progress to date.

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14 Ill. Reminders for Class Actions

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The dismissal of a class action or of any party or cause of action in a class action

17 requires Court approval. Counsel must submit a declaration setting forth, among other

18 things, the reasons why a party seeks a dismissal in a class action and identify any and

19 all consideration given in exchange for the dismissal. California Rules of Court, Rule

20 3.770(a)

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To obtain approval of a class action settlement, the parties should adhere to the

23 Guidelines for Motions for Preliminary and Final Approval posted on the Court’s website

24 under Tools for Litigators. The Court requires counsel to address any fee splitting

25 arrangement(s) and to demonstrate compliance with California Rules of Court, Rule 3.

ISC ORDER - 6


1 769 and the Rules of Professional Conduct 2-200(a). Mark v. Spencer (2008) 166

2 Ca l . App . 4th 219.

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IV. Notice of the ISC Order 4

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The Court orders Plaintiffs counsel is to serve this Initial Status Conference

6 Order on all defense counsel, or if counsel is not known, on each defendant within five

7 (5) days of the date of this Order. If the Complaint has not been served as of the date

8 of this Order, Plaintiff(s) must serve the Complaint, along with a copy of this

9 Order, within five (5) days of the date of this Order.

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12 Dated this 7th day of November

13 AMY D. HOGUE, JUDGE

14 Amy D. Hogue

15 Judge of the Superior Court

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ISC ORDER - 7


PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of LOS ANGELES, State of CALIFORNIA. I am over the age of 18 and not a party to within action; my business address is 2800 Donald Douglas Loop North, Santa Monica, CA 90405.

On November 14, 2014, I served the foregoing documents described as:

NOTICE OF COURT ORDER ON COMPLEX DESIGNATION AND INITIAL STATUS CONFERENCE ORDER

On interested parties in this action by sending a true copy of the document to the following parties as follows:

NATURE’S BOUNTY, INC. NBTY, INC. c/o Corporation Service Company c/o Corporation Service Company

80 State Street 2711 Centerville Rd Albany, New York 12207 Suite 400

Wilmington, DE 19808 Registered Agent for Defendant,

NATURE’S B 0 UNT) 7, INC. RegisieredAgent for Defendant, NBTY, INC.

Clayton Halunen Susan M. Coler

Melissa W. Wolchansky HALUNEN & ASSOCIATES

1650 IDS Center 80 South Eighth Street

Minneapolis, MN 55402

Attorneys Jir Plaintiff Alison Wilson and the Proposed Class

(BY ELECTRONIC MAIL) I caused the document(s) to be successfully transmitted via electronic mail to the offices of the addressees.

(BY ELECTRONIC SERVICE) I caused the document(s) to be sent to the offices of the addressees via Online Filing Service.

(BY FACSIMILE) I transmitted pursuant Rule 2.306, the above-described document by facsimile machine (which complied with Rule 2003(3)), to the attached listed fax number(s). The transmission originated from facsimile phone number (310) 396-9635 and was reported as complete and without error.

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Page 1 of 2


(BY OVER NIGHT DELIVERY) I caused such envelope(s) thereon fully prepaid to be placed 1 in the Norco Overnite Express box at Santa Monica, California.

2 (BY PERSONAL SERVICE) I caused such envelope(s) to be hand delivered to the offices of the addressees.

3 xxxx (BY US MAIL) I caused such envelope(s) with postage thereon fully prepaid, with return

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receipt requested, to be placed in the United States mail at Santa Monica, California, pursuant to California Code of Civil Procedure § 415.40. I am readily familiar with this business’

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practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of

6 business with the United States Postal Service.

7 Executed on November 14, 2014, at Santa Monica, California

8 xxxx (STATE) I declare under penalty of perjury under the laws of the State. of California that the above is true and correct.

9 (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at

10 whose direction the service was made.

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13 David Mann

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Page 2 of 2


willenken wilson loh & delgado llp€¦ · william a. delgado (bar no. 222666)...

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